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HomeMy WebLinkAbout2015-01-12 Board AgendaTO BE HELD AT THE RICHARD T.FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM (The hour between 6:00 and 7:00 pn is set aside for Executive Session per 1 -5 -7A of the Village of Morton Grove Municipal Code. if the Agenda does not include an Executive Session, the meeting will begin at 7: 00 pm,) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session (if requested) 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes — Regular meeting — December 8, 2015 S. Special Reports I. Plan Commission Case PC14 -17 is Requesting a Proposed Text Amendment to Title 12, Chapters 4 and 17 of the Unified Development Code to Establish Classifications and Definitions for "Financial Institutions ", "Financial Institutions - Alternative" and EIiminate "Currency Exchange" and `Banks and Financial Institutions" from the Existing Commercial Use Classifications. This Case will be Presented by Plan Commission Chairperson Ron Farkas. Richard T. Flickinger Municipal Center 6101 Capulina Avenue � Morton Grove, Illinois 60053 -2985 a Tel: (847) 465 -4100 Fax: (847) 965 -4162 ," 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Board and Commission Chairperson Appointments for Calendar Year 2015 b. Establishment of Regular Meetings for Various Boards, Commissions, Committees, and Subcommittees for Calendar Year 2015 C. Commission/Board /Committee appointments /reappointments are requested as follows: Community Relations Commission Dean Engel d. Mayoral Update /Review 12, Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, Fire and Police Commission, Police Department, Police Facility Committee, Chamber of Commerce (Trustee Wilke) b. Trustee Marcus —Advisor)) Commission on Aging, Family and Senior Services Department, Finance Advisory Commission, Condominium Association, Social Service Committee (alternate) (Trustee Toth) 1) Resolution 15 -01 (Introduced January 12, 2015) Authorizing an Agreement between the Village and Mather Lifeways for the Use of the Civic Center for Senior Programming a Trustee Pietron — Appearance Commission, Building Department, IT Communications, Community and Economic Development Department, Branding /Marketing (Trustee Thill) d. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County, Traffic Safety Commission, Waukegan Road TIF, Lehigh /Ferris TIF, Dempster Street Corridor Plan (Trustee Pietron) 1) Resolution 15 -02 (Introduced.Ianuary 12, 2015) Authorizing the Execution of an Agreement with the Illinois Department of Transportation for the Lake Street Sidewalk Improvement e. Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource Commission (Trustee Marcus) f. Trustee Witko — Legal, Plan Commission/Zoning Board of Appeals, NIPSTA, Strategic Plan Committee, Economic Development Commission, Social Service Committee (Trustee Greor) 1) Ordinance 15 -01 (Introduced ✓anuary 12, 2015) (First Reading) Amending the Village's Unified Development Code, Sec. 12 -17 -1 and Section 12 -4 -3 to Establish Definitions and Use Classifications for "Financial Institution" and "Financial Institution- Alternative" and to Eliminate "Currency Exchange" and "Banks and Financial Institutions" from the Existing Commercial Land Use Classifications 15, Other Business 16. Presentation of Warrants: December 22, 2014 $1,394,877.46 January 12, 2015 S 220.036.97 Total $11614,914.43 17. Residents' Comments 18. Executive Session — personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment -To ensure full accessibility and equal participation jor all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andlorparticipate in this meeting, or who have questions regarding the acce.ssibilu'v of these, facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Pillage to make reasonable accommodations. CALL TO ORDER During the Regular Meeting of the Village Board of Trustees held on December 8, 2014, Trustee Marcus moved to adjourn to Executive Session to discuss personnel, real estate matters, and labor negotiations. The motion was seconded by Trustee Pietron and approved . unanimously pursuant to a roll call vote at 6:01 p.m. II. Present were: Trustees Bill Grear, Shel Marcus, John Pietron, John Thill, Maria Toth, and Janine Witko. Staff present included Village Administrator Ryan Horne and Corporation Counsel Teresa Hoffman Liston. IV. EXECUTIVE SESSION At the conclusion of the meeting, Trustee Grear moved to adjourn the Executive Session. The motion was seconded by Trustee Toth and approved unanimously via a voice vote at 6:37 p.m. Trustee Greer then asked the Village Administrator to address funds allocated in the budget for Morton Grove Days. Mr. Horne stated that those funds were in the budget as a "place holder'. A discussion then ensued about entering into a license agreement with the Days Committee for the use of Village Property during the Morton Grove Days festival. There being no further business Trustee Toth then moved to adjourn the meeting and recommence the regular Board meeting in the Council Chambers at 7:00 pm. The motion was seconded by Trustee Marcus and approved unanimously via a voice vote at 6:41 pm. Village President Dan DiMaria reconvened the meeting at 7:00 p.m. and led the assemblage in the Pledge of Allegiance, after which Clerk Ed Ramos called the roll. Fna�gaw • Regarding the Minutes of the November 24, 2014 Regular Board Meeting, Trustee Toth moved, seconded by Trustee Grear, to accept the Minutes as presented. Upon the voice vote, the motion passed unanimously. 2. Regarding the Special Meeting Minutes of December 1, 2014, Trustee Marcus moved to accept the Minutes as presented, seconded by Trustee Thill. Motion passed unanimously via voice vote. - Minutes of becember a, 2014 Board Meeting V. SPECIAL REPORTS NONE Vi. PUBLIC HEARINGS 2014 Tax Lew and Budget Request for the 2015 Calendar Year Trustee Pietron moved to open the Public Hearing, seconded by Trustee Marcus. Motion passed unanimously via voiced vote. a. Village Administrator Ryan Horne thanked the Board and all the department heads for putting in a significant amount of time on the proposed 2015 Budget. There were four budget work- shops in the last couple of months, and department heads individually spend a lot of time re- sponding to the Board's questions and concerns. The budget process began in July 2014 and is actually about a two -year process, because the audited financials with actual revenues and expenses for fiscal year 2015 will become available around June of 2016. b. Mr. Horne said projected revenue for 2015 is $27,054,238 and projected expenses are $26,955,897, which would leave the Village with a $98,341 surplus and a fund balance of 26.7 %. He explained that the budget is a spending plan, and as such, is fluid. At a minimum, the Village budgets for the services the residents expect. A look at the 2015 Budget shows that 74% of it will go to those services provided by the Police Department, the Fire Department, and the Public Works Department. The rest of the budget goes to ancillary/support services, infor- mation technology, and economic development. c. Mayor DiMaria asked Mr. Horne if he could ballpark what percentage of a resident's tax bill would be going to the Village. Mr. Horne said that, depending where the resident lives, 12% to 14% of his /her tax bill would go to the Village. d. Mayor DiMaria asked if anyone in the audience had any comments. No one did. Mayor DiMaria thanked the Board and staff for all the extra time and diligence that had gone into the 2015 Budget process, and reiterated that the Budget is flexible and not "set in stone." He also thanked the Financial Advisory Committee for their review and input. e. Trustee Toth moved to close the Public Hearing, seconded by Trustee Witko. Motion passed unanimously via voice vote. VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE REPORT Ix. PRESIDENT'S Establishment of Village Board Meeting Dates for Calendar Year 2015 Mayor DiMaria announced the following Board Meeting dates for 2015: January 12 and 26; February 9 and 23; March 9 and 23; April 13 and 27; May 11 and 25; June 8 and 22; July 13 and 27; August 10 and 24; September 15 and 28; October 12 and 26; November 9 and 23; and December 14 and 28. He noted that the meetings on May 25, July 27, August 24, and December 28 would be cancelled. Minutes of December$, Z014Board Meetirr IX. PRESIDENT'S REPORT (continued) 2. Administrative Appointments for Calendar Year 2015 Mayor DiMaria asked for a motion to concur with the following administrative appointments for 2015: Community and Economic Development: Nancy Razdevich Corporation Counsel: Teresa Hoffman Liston Finance Director/Treasurer: Remy Navarete Fire Chief: Tom Friel Police Chief: Michael Simo Public Works Director: Andy DeMonte Village Administrator: Ryan J. Horne Trustee Pietron so moved, seconded by Trustee Thill. Motion passed unanimously via voice vote. want to live in Morton Grove. 3. Proclamation Mayor DiMaria proclaimed the month of December 2014 as "Drunk and Drugged Driving Prevention Month" in the Village and called upon all citizens, business leaders, hospitals and health care providers, schools, and public and private institutions to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol and other drugs during this December holiday season and throughout the year. 4. Mavoral Update a. Mayor DiMaria noted that, on November 20, Park View School was the recipient of the Blue Ribbon for Outstanding Physical Education Program. He congratulated the school and Chris O'Neill, Brian Hood, Paula Steil, and Krissy Lochner, the phys ed teachers at Park View. Chris O'Neill thanked the Board for this recognition, and pointed out that Golf School also won this year, for the second time. This is Park View's 15'h win. Mayor DiMaria commented that healthy school systems make for a healthy Village, and make people want to live in Morton Grove. Mayor DiMaria also thanked the children from the MCC for their kind words at Thanksgiving. c. Mayor DiMaria thanked Carlo Cacioppo and his wife for baking and bring pizzelles to tonight's Village Board meeting. d. Mayor DiMaria wished everyone a great holiday and a great 2015! Minutes ofDecembera, 2014 Hoard Meetin X. CLERK'S REPORT Clerk Ramos noted that the Morton Grove Park District would be holding a "Festival of Cultures" featuring Fillipinos on December 10 from 6:00 p.m. to 8:00 p.m, at the Civic Center. Admission is 65.00. 2. Clerk Ramos also announced that the FilAm Association of Morton Grove would be holding its annual Simbang Gabi at St. Martha's on December 19 at 7:00 p.m. All are welcome. XI. STAFF REPORTS A. Village Administrator: Village Administrator Ryan Horne reminded the Board and assemblage that the regularly scheduled Board Meeting on December 22nd has been cancelled. B. Corporation Counsel: Corporation Counsel Liston had no report. XII. A. Trustee Grear: TRUSTEES' REPORTS 1. Trustee Grear presented Resolution 14 -63, Authorizing an Agreement With MTI Construction Services, LLC For Police /Municipal Building Pre - Design Services. a. He explained that this agreement with MITI Construction Services would provide the Village with assistance for the selection of an architect, the updating of the Police Department's space needs study, completing a space needs study for Village Hall, analyzing available sites, and providing a recommendation to the Board for site selection for the Police Department and Village Hall. b. The Village Hall /Police Station have been located at 6101 Capulina since 1980. The building was originally built over 100 years ago as the Village's first grammar school. C. Over the years, space needs studies have been done regarding the efficiency and appropriateness of housing these uses in an old grammar school building In 2012, a space needs study was completed for the Police Station by FGM Architects, which found that the Police Station was too small to meet the department's operational needs and deficient in ADA accessibility requirements. Because of the building's age and current condition, FGM concluded it would be more cost - effective to build a new Police facility rather than to remodel and construct an addition. The study also recommended that the Police Station should not be located in a residential neighborhood. Based on this study, the Board concluded that the Police Station needs to be replaced, and in 2013, the Village purchased a 2.39 acre site at 8300 Lehigh Avenue as a possible site for a new police station. XII. A. Trustee Grear. (continued) Minutes Of D@0ember8,2014110ard Meefin `. TRUSTEES' REPORTS (continued) d. The 2012 report by FGM did not include a space needs study for Village Hall, even though it's located in the same building as the Police Department. Though not overcrowded, Village Hall is still in a building that's over 100 years old. The building has HVAC issues, is not currently ADA compliant or energy efficient, lacks an up-to -date fire alarm system, and has a faulty 35 -year old roof. Further, due to existing asbestos, any significant renovations would require proper abatement. e. Mayor DiMaria appointed a Police Facilities Work Group, consisting of the Police Chief, Village Administrator, Finance Director, Community and Economic Development Director, Corporation Counsel, Trustee Grear, and Plan Commissioner /architect Steve Blonz. The working group was tasked with soliciting proposals from qualified construction managers /design teams to begin the process of completing due diligence, pre- design, financial evaluation, final design, and ultimately construction of a new Police Station. When the work group began developing an RFQ for these services, the members expressed concerns that issues related to the existing Village Hall, housed in the same building, had not been considered. Although the Village purchased the 8300 Lehigh site with the intention of locating the Police Department there, a thorough site constraints analysis has not been done to confirm the site is large enough for the Police Station, and /or a combined Polioe/Village Hall facility. For all of these reasons, further study is needed to determine if a new Police Station should be built at 8300 Lehigh or some other location in the Village, to determine if Village Hall should be remodeled or rebuilt, to determine if Village Hall should remain at its current location (especially if the Police Department is located elsewhere), and lastly, to determine if the Police Station and Village Hall should be calocated or located on different sites. g. The work group reviewed the four proposals submitted from highly - qualified consulting firms, interviewed two finalists, conducted site visits and reference checks, and ultimately unanimously selected MTI Construction Services, LLC as the most qualified firm for the overall project as well as for the necessary due diligence phase. MITI Construction will provide the first phase pre - design services to the Village for $20,000. Services will include site analysis at various sites, budget preparation, development of a Master Project Schedule; updating the 2012 space needs study; preparing a space needs study for Village Hall, and assessing the value and redevelopment potential for the existing 2.27 acres at 6101 Capulina Avenue. Trustee Grear moved to adopt Resolution 14-63, seconded by Trustee Pietron. Mayor DiMaria asked if any Board members had any questions. h. Trustee Toth asked Economic Development Director Nancy Razdevich if she's asking the Board to make a decision tonight about combining Village Hall and the Police Department. I. Ms. Razdevich said she appreciated the question, and clarified that's not what's being asked of the Board this evening. This resolution is just to move forward with the due diligence phase. She said approving this resolution will provide the Village Board with a complete and thorough needs study for both Village Hall and the Police Department, and a constraints analysis to see if the property at 8300 Lehigh is appropriate. It will evaluate financing options as well. Minutes of December 8, 2014Board Meeting XII. TRUSTEES' REPORTS (continued) A. Trustee Grear: (continued Ms. Razdevich said that, if the Police Department moves, there are implications for what happens to Village Hall. Any adaptive use of the police department space after a move would have to be brought up to code. She noted that the current municipallpolice complex is located on prime residential real estate. There is good potential to be able to redevelop the site, put it back on the tax rolls, and that could ulfimately end up helping to pay for the relocation of the complex. But due diligence is needed before the Board can make a decision. The Board needs to know the financial aspects of moving either just the Police Department or both the Police Department and Village Hall. What MTI Construction will be doing is pulling the data together and outlining the options, so the Board, when it makes a decision for moving forward, can make an informed decision. This is especially important because this will be one of the biggest investments the Village will make. k. Trustee Toth asked Corporation Counsel why an RFQ was done before a space needs study was done for Village Hall. Ms. Liston responded that MTI's goal was to determine the scope of this project and get an RFQ out to architectural firms by December 30`h, with responses due back on February 3`h. A recommendation could be brought before the Board for its approval at the February 23 Board Meeting. The architectural firm selected would be responsible for doing the space needs assessment. The architectural firm selected will help with the site analysis for 8300 Lehigh Avenue and will took at other sites as well. Ms. Razdevich added that Steve Blonz has been extraordinarilyhelpful in working with MTI Construction Services. MTI will be bringing financing options and recommendations as to site location, co- location, etc. to the July Board Meeting. Once the Board has provided direction on how it wants to proceed, the project will move into the design phase. Trustee Grear said he was very excited about this. He said he and the work group had visted MTI's sites and found them to be very well - constructed, with no "lost" space. MTI has also assured them that they will be keeping the Board informed along the way. He noted that, in 2013, the Village spent over $102,000 in various Village Hall repairs... elevator, HVAC, electric, etc. There are a lot of problems inherent with a building as old as this one, plus it's sitting on valuable residential property. Trustee Grear noted that when Mayor Staackmann left office in May of 2013, he expressed his wish that the new Board would give the Police Department a new home. This is the first step in bringing that wish to fruition. M. Mayor DiMaria pointed out that the funding for this would have come from somewhere. The Village could do a bond issue at a very low interest rate, and grant funds could be obtained. n. Ms. Razdevich said that there will definitely be a financial impact if the Police Department moves and Village Hall stays at its present location. Perhaps less of a financial impact if both the Police Department and Village Hall move, enabling the Village to recoup some money from the sale of the land on Capulina to offset some of its costs. She said the Village needs the right scope of services and the right financial options. Trustee Marcus asked if the Board should adopt the Resolution now, or wait to approve the 2015 budget? Ms. Razdevich said there are funds remaining in the 2014 Budget that will carry over. Trustee Marcus also asked if there were any plans about this current building in the Village's archives. He also said he would have preferred if the Board could've functioned as a "committee of the whole" on the working group. He said his initial thought regarding Resolution 1463 had been to table it. He felt that there were certain areas of it that needed more explanation. XII. A. Trustee Grear: (continued Minutes of Decem4er8,7014:Board Meetin' TRUSTEES' REPORTS (continued) p. Trustee Marcus added that, since the Board had only received this information Friday, he felt as though they were rushing into this. He said he appreciates MTI Construction Services and their background, but this is a big decision for the Board to make. He wanted to go ahead with the Police Department move, because that has dragged on long enough. q. Trustee Marcus said he also appreciated the concern about making the right decision regarding the right location, but pointed out that there just aren't that many locations to choose from. He said the Board purchased the 8300 Lehigh property because it felt like the right place to locate the Police Department. He said he felt like there is already enough information to move forward with that plan. r. Ms. Razdevich noted that most of the information provided (re 8300 Lehigh) shows unanswered questions. And if the Board agrees to move forward with relocating the Police Department, how does the Board make that happen? Plusthe Board would be leaving behind property that could be useful in paying for the Police Department's relocation. She said, "This is the critical due diligence piece" the Board needs. s. Trustee Thill thanked Ms. Razdevich for the easy -to- understand presentation and said he was quite sure the Board would welcome MTI and their professionalism. He hoped that, every step of the way, someone would be at the podium letting the public know what's going on. t. Trustee Pietron said that MTI has an unbiased view and will come with objective, quantifiable, options. Mayor DiMaria called for the vote on Resolution 14 -63, its approval having been duly moved by Trustee Grear and seconded by Trustee Pietron. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus are Tr. Pietron aye Tr. Thill a ee Tr. Toth aye Tr. Witko aye 2. Trustee Grear wished everyone happy and safe holidays. B. Trustee Marcus: Trustee Marcus had no formal report, but also wished everyone Happy Holidays and a Happy New Year. C. Trustee Pietron: Trustee Pietron echoed Trustee Marcus' remarks. Minutes of December 8, 2014: Board Meelin''j Xii. TRUSTEES' REPORTS (continued) D. Trustee Thill: Trustee Thill presented Resolution 14 -57, Authorizing the Execution of a Service Contract With Municipal GIS Partners (MGP) For Geographical Information System Services. He explained that the Village participates in a GIS Consortium as a way of reducing the costs of implementing GIS technology. MGP was determined to be the lowest responsible provider for the maintenance and development of GIS systems for the member communities. This contract between the Village and MGP is a continuation of those services for 2015. The amount of the contract is a not -to- exceed value of $73.771. Trustee Thill moved to approve Resolution 14 -57, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus save Tr. Pietron are Tr. Thill acre Tr. Toth aye Tr. Witko aae E. Trustee Toth: Trustee Toth presented Ordinance 14 -27, Adopting the Budgets For All Corporate Purposes of the Village of Morton Grove and the Morton Grove Library, Cook County, Illinois, For the Calendar Year Effective January 1, 2015 and Ending December 31, 2015. This is the second reading of this Ordinance. a. Trustee Toth explained that the Budget was presented at Budget Workshops held in October and was discussed further at an additional Budget Workshop in December. The final budget was presented earlier at tonight's Public Hearing. The total proposed budget for the Village is $63,317,924 and the total proposed budget for the Library is $3,218,465, for a grand total of $66,536,389. Trustee Toth moved, seconded by Trustee Witko, to adopt Ordinance 14 -27. Mayor DiMaria asked if anyone had any questions or comments. c- Trustee Toth said she had concerns when the budget process first began. One concern was regarding the fund balance and another was about the amount of the bond issue. The Finance Director had recommended going out for a $2.7 million dollar bond issue, of which $1 million would be allocated for streets. However, now $3.3 million has been allocated for streets. Trustee Toth said there were three line items in the budget that she would like to see removed. The first was a line item for the Strategic Plan. Trustee Toth said the Strategic Plan still has not been presented to the Board. She said that $43,000 was spent on the Plan in 2014 and another $50,000 is budgeted for 2015 for "implementation". She said she didn't see how the Board could justify that expenditure when it hasn't even seen the Plan yet. XII. E. Trustee Toth: (continued) Minutes ofDecember8 „2014 Board Meebeg: TRUSTEES' REPORTS (continued) e. Trustee Toth moved to delete the Strategic Plan implementation line item of $50,000 from the 2015 Budget, seconded by Trustee Marcus. f. Trustee Witko said that, under her report this evening, she would be providing a Strategic Plan update, which would include the fact that the Strategic Plan process was purposely slowed in order to coordinate with the Industrial Areas Plan study and the Marketing /Brand study. g. Trustee Thill asked, rather than deleting the $50,000 line item, if the funds couldn't just be put off to the side instead. h. Mayor DiMaria said that the Budget is a guideline, noting that allocated funds may not end up being spent. He agreed with Trustee Toth that the Strategic Plan process was going slower than he would've liked. He felt that the $50,000 should remain a line item in the 2015 Budget. Trustee Thill asked if the Board has the option of not spending the budgeted money. Mayor DiMaria responded yes, noting that it's a line item and the Board would have to vote on the expenditure regardless. j. Trustee Grear felt that, since the Board would have to vote on spending that money anyway, it should be left in the 2015 Budget. k. Trustee Marcus pointed out that the Board could always amend the Budget later, if it so desired. I. Mayor DiMaria said he felt it was more fiscally responsible to leave it in there, rather than having to scramble later to "find” $50,000 it it was needed. Mayor DiMana called for the vote on Trustee Toth's motion to delete the $50,000 Strategic Plan implementation line item from the Budget. Motion failed: 2 ayes, 4 nays. Tr. Grear nav Tr. Marcus are Tr. Pietron nav Tr. Thill nay Tr. Toth Tr. Witko Day n Trustee Toth said the second line item she'd like to see deleted from the 2015 Budget is the $83,400 for a contractual Social Worker. She said she'd asked the ad hoc committee to look into the social services programs offered by Niles and Skokie, but the committee hasn't met to do that. Trustee Toth wanted to know if $83,400 is a "prevailing rate" for a social worker and how many hours of work that would cover. She wondered why the ad hoc committee wasn't looking for other options. n Trustee Toth moved, seconded by Trustee Marcus, to delete the line item for $83,400 for a contractual social worker. o Village Administrator Horne said that, at the last Board meeting, Chief Simo had given an update regarding the contractual social worker, and having actual data made it easier to come up with a more accurate amount for the budget. He noted that this-is less than what was budgeted in 2014 for this position. no E. Trustee Toth: (continued) Minutes of December 8, 2014 Board Meetln " TRUSTEES' REPORTS (continued) p. Trustee Witko said that the ad hoc committee did do that research, and had found that what Niles did wasn't feasible for Morton Grove. q. Trustee Grear said that, since the amount budgeted in the 2015 Budget is less than what was budgeted for 2014, and since the funds didn't necessarily "have to be" used, and since the Village's hands would be tied if the line item was deleted, he felt the line item should remain in the budget. r. Mr. Horne clarified that $81,000 was budgeted for 2014 and in 2015, the budgeted amount is $83,400. He said that this is not a full -time position so the Village was paying on an hour -far- hour basis. If there's less usage of the social worker in 2015, the cost will be less. s. Mayor DiMaria said he wouldn't want to delete the funding for social services, especially since both Chief Simo and Chief Friel have stated that the social worker had been busy filling a need that exists. t. Trustee Thill asked Mr. Horne if the Village needed to have the social worker available five days a week, around the clock. He wondered if it could be reduced to three days a week. u. Trustee Pietron gave anecdotal evidence that having a full -time social worker is well worth it. Mayor DiMaria called for the vote on Trustee Toth's motion to delete the $83,400 line item for the contractual social worker. Motion failed: 2 ayes, 4 nays. Tr. Grear n Tr. Marcus aae Tr. Pietron nav Tr. Thili nav Tr. Toth ave Tr. Witko nav v. Trustee Toth said the third line item of the 2015 Budget she'd like to see eliminated is the $54,000 for a lobbyist. She said that $30,000 was budgeted last year, and she agreed to see what the lobbyist would accomplish. She was concerned because the lobbyist provides no updates to the Board, and as far as she can tell, he's only come up with a grant opportunity that's tentative at best. In January, a new governor will take over who will tighten the purse strings. w. For these reasons, Trustee Toth said she felt the $54,000 line item for a lobbyist should be deleted, and she so moved. Trustee Marcus seconded the motion. x. Trustee Grear said the lobbyist, Dan Schulman, had been hired for $4,000 /month and he did not agree that it was a waste of money, citing the grant funds that had gone to the Park District earlier this year. He agreed that the State of Illinois is broke, but nevertheless, they approved that grant. He felt it would be worthwhile to spend $54,000 to get another $1 million in grant money to put toward a new police station. Mayor DiMaria said the lobbyist had been able to get the Park District $7,500 and over $12,000 for a salt dome for the Village. He said it didn't matter to him if the money went to the schools or the Park District or the Village as long as it was coming back to Morton Grove. The lobbyist has also gotten a commitment for $1 million to put toward a new police station. He felt that that was a good return on the Village's investment. 10 XII, E. Trustee Toth: (continued) Minutes DfDecember8 2014Doard Meetitrg TRUSTEES' REPORTS (continued) z. Trustee Thill wondered, if the Park District can benefit from the lobbyist, can't the Park District help pay for the lobbyist? At the end of the day, it's the same taxpayers paying for it. aa. Trustee Grear commented that Glenview annually spends $225,000 on lobbyists. He noted that times are changing, and having a lobbyist in Springfield can really help the Board make inroads on its vision to move Morton Grove forward. bb. Trustee Marcus asked Public Works Director Andy DeMonte if the Village has received any other grants as a result of the lobbyist. He responded that he wasn't aware of any others. Trustee Marcus said that he, too, would rather use the money elsewhere, noting that the Village can do as it's done in the past .... work through its State representatives. He also thought that more citizens should be encouraged to get involved and interact with the State representatives. He felt that would be helpful. cc. Trustee Grear said we have to realize that having a lobbyist in Springfield helps the Board know who to approach for a particular appropriation. A lobbyist is there during the sessions. He's making sure that the legislators stay aware of Morton Grove and its needs. This is what's needed to move the Village forward. dd. Trustee Pietron noted that he and Mayor DiMaria had lunch recently with one of the Village's State representatives who strongly recommended and encouraged the use of a lobbyist. Mayor DiMaria called for the vote on the motion to eliminate the $54,000 for a lobbyist from the 2015 Budget. Motion failed: 2 ayes, 4 nays. Tr. Grear Lnay Tr. Marcus acre Tr. Pietron nay Tr. Thill na Tr. Toth aye Tr. Witko nay ee. Trustee Toth thanked the Board for considering her objections. ff. Trustee Marcus said that it's important for the Board to thoroughly discuss the Budget. He thanked Village Administrator Horne and Finance Drector Navarrete and her staff for making the complex budget balanced and understandable. He also thanked the Department Heads for continuing to deliver outstanding services despite budget constraints. He said he was not particularly happy about the tax levy increase and would've liked to have it be frozen again for 2015. He said that people are still struggling and living paycheck -to- paycheck. Trustee Marcus felt that this is an "optimistic" budget with expenditures, but not really revenues. gg Trustee Marcus wondered if, in light of the million - dollar pledge for the Police Department, if the police department would consider body cameras. He commented that "we should be ahead of these issues," hh. Trustee Marcus said he was okay with hiring a consultant for the police department move, but felt he was also now being asked to build a new Village Hall. He hoped to get more input from the community on this. He ended his comments by stating he finds it difficult to support this budget as presented. 11 XII. E. Trustee Toth: (continued) Minutes of December 8, 2014 Board Meeting]' TRUSTEES' REPORTS (continued) Mayor DiMaria asked Chief Simo if there were grants for body cameras. Chief Simo responded that there were none yet but he was sure there would be. Mayor DiMana said he was surprised to hear Trustee Marcus' comments about wanting the tax levy increase "frozen." He said that, in past discussions, Trustee Marcus has advocated a 4.5% to 5% tax levy increase. Mayor DiMaria added that part of the reason for the tax levy in- crease is to capture the new EVA from new developments in town. He said it doesn't hurt the residents' pocketbooks to have new development in the Village, noting that the Board has to be prudent and fiscally responsible. Mayor DiMaria called for the vote on Ordinance 14 -27. Motion passed: 4 ayes, Tr. Grear acre Tr. Thill aye kk. Trustee Pietron commen worked and cut as much heads. 2 nays. Tr. Marcus nay Tr. Pietron aye Tr. Toth nay Tr. Witko aye led that this is the third iteration of the 2015 Budget. It's been ye- as possible. He trusted the recommendations of the department II Trustee Thill said that the tax levy is increasing, but the good news is that the Village is not passing through to its residents the most recent increase (15 %) in water rates. 2 Next, Trustee Toth presented Ordinance 14 -26, Levying and Assessing Taxesfor the Village of Morton Grove, Cook County, Illinois, for the Fiscal Year Beginning January 1, 2015 and Ending December 31, 2015. She explained that the proposed budget for 2015 calls for expenditures in the amount of $66,536,689. The amount necessary to be levied for 2014 property taxes is $12,540,233. By law, the Village is required to levy an additional $3,078,200 for debt service payments authorized by general obligation notes and bonds, for a total levy (before abatement) of $15,618,433. However, the Village Board intends to adopt several Resolutions which will immediately abate $2,621,296 from the levy, resulting in the net levy, as intended by the Corporate Authorities, of $12,997,137. This equates to a 2% increase in the Village's portion of the tax levy and a 5% increase in the Library's portion of the tax levy, for an overall increase of 2.7% in the tax levy over last year. Trustee Toth moved to adopt Ordinance 14 -26, seconded by Trustee Marcus. Motion passed: 4 ayes, 2 nays. Tr. Grear acre Tr. Marcus nay Tr. Pietron aye Tr. Thill We Tr. Toth nay Tr. Witko aae Next, Trustee Toth presented a series of Tax Abatement Resolutions: 12 Minutes OfDetembert 201490ard Meeting) XII. TRUSTEES' REPORTS (continued) E. Trustee Toth: (continued) 3. Resolution 14 -58, Tax Abatement Resolution for the 2014 Tax Levy Relating to Ordinance 98 -41. Trustee Toth explained that Ordinance 98 -41 was for the issuance of $3,165,000 in general obligation promissory notes, Series 1998A. The ordinance provided that the levy of taxes for the year 2014 should include sufficient funds to pay $269,896 for the debt service payment on said bonds. The 2015 Budget has allocated revenue from the Waukegan Road TIF Fund in the amount of $269,896 to pay for this debt service. After abatement, the net levy for the Series 1998A notes is zero ($0). Trustee Toth moved to approve Resolution 14 -58, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus aye Tr. Pietron aye Tr. Thill a ee Tr. Toth ave Tr. Witko aye Resolution 14 -59, Tax Abatement Resolution for the 2014 Tax Levy Relating to Ordinance 02 -30. She explained that Ordinance 02 -30 was for the issuance of $5,300,000 in general obligation promissory notes, Series 2002. The ordinance provided that the levy of taxes for the year 2014 should include sufficient funds to pay $501,052 for the debt service payment. In September of 2009, pursuant to Ordinance 09 -15, the Board issued refunding bonds in the amount of $4,920,000, Series 2009A, to refinance the remainder of the Series 2002 notes. However, despite the refunding, Cook County will continue to levy taxes as provided in Ordinance 02 -30. Therefore, this resolution, abating the debt service for the Series 2002 notes, is required. After abatement, the net levy for the Series 2002 notes is zero ($0). Trustee Toth moved to approve Resolution 14 -59, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus aye Tr. Pietron aye Tr. Thill aye Tr. Toth are Tr. Witko aye Resolution 14 -60, Tax Abatement Resolution for the 2014 Tax Levy Relating to Ordinance 07 -26. She explained that Ordinance 07 -26 was for the issuance of $9,200,000 in general obligation bonds, Series 2007. The ordinance provded that the levy of taxes for the year 2014 should include sufficient funds to pay $801,200 for the payment of principal and interest on said bonds. The 2015 Budget has allocated revenue from the Lehigh - Ferris TIF Fund in the amount of $801,200 to pay for this debt service. After abatement, the net levy for the Series 2007 bonds is zero ($0). 13 M E. Trustee Toth: (continued) Minutes of December 8,201411oard Meeting TRUSTEES' REPORTS (continued) Trustee Toth moved to approve Resolution 14-60, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus aerie Tr. Pietron aye Tr. Thill aye Tr. Toth acre- Tr. Witko acre 6. Resolution 14-61, Tax Abatement Resolution for the 2014 Tax Levy Relating to Ordinance 09 -15. Trustee Toth explained that Ordinance 09 -15 was for the issuance of $4,920,000 in general obligation refunding bonds, Series 2009A. The ordinance provided that the levy of taxes for the year 2014 should include sufficient funds to pay $623,838 for the debt service payment on said bonds. The 2015 Budget has allocated revenue from the Waukegan Road TIF Fund in the amount of $623,838 to pay for this debt service. After abatement, the net levy for the Series 2009A bonds is zero ($0). Trustee Toth moved, seconded by Trustee Witko, to approve Resolution 14 -61. Motion passed: 6 ayes, 0 nays. staff, Tr. Grear acre Tr. Marcus aye Tr. Pietron aye Tr. Thill acre Tr. Toth acre Tr. Witko acre 7. Resolution 14 -62, Tax Abatement Resolution for the 2014 Tax Levy Relating to Ordinance 10 -01. She explained that Ordinance 10-01 was for the issuance of $9,975,000 in general obligation bonds, Series 2010A and Series 20108 The ordinance provided that the levy of taxes for the year 2014 should include sufficient funds to pay $831,375 for the debt service payment on said bonds. However, this amount will be abated by $425,310 because the 2015 Budget has allocated revenue from the Water /Sewer Fund in the amount of $365,805, and available fund balance in the Debt Service fund (from the Build America Bond Subsidy) in the amount of $59,505 to pay for this debt service. After these abatements, the net levy for this bond series is $406,065. Trustee Toth moved to approve Resolution 14 -62, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear ae Tr. Marcus aae Tr. Pietron acre Tr. Thill aae Tr. Toth ave Tr. Witko aye 8, Trustee Toth wished the Board, staff, and assemblage happy holidays and a wonderful new year. I X! 1. Minutes of DecemberE,3014Hoard Mean TRUSTEES' REPORTS (continued) Trustee Witko: Trustee Witko had no formal report, but wanted to update the Board on the Strategic Plan. She noted that, earlier this year, the Board embarked on the process of developing a Strategic Plan, which will serve as a framework for decision - making over a five -year period, using the firm of Houseal Lavigne. a. Trustee Witko said that, to date, this has been a highly participatory process, engaging all of Morton Grove's residents, business owners, elected officials, students, and other internal and external stakeholders. Outreach was done through various community meetings, interviews, suveys, online questionnaires, and focus groups. Subsequent to the outreach efforts, the planning team reviewed the data collected from the outreach efforts, the information and recommendations generated in the associated market analysis, as well as the concurrent Industrial Area Plan and Branding Initiative efforts. b. Trustee Witko said she was please to announce that the planning team has recently completed an initial draft plan, which was reviewed and discussed last week by the Strategic Plan Steering Committee. The Steering Committee raised some thoughtful and important edits, questions, and suggestions, but overall, its members were impressed with the focus of the document and how it really reflected Morton Grove. C. The next step is that Houseal Lavigne will work through the edits and will provide the Village with an updated draft at an open community meeting on Thursday, January 8, at 7:00 p.m. The location has yet to be determined, but Trustee Witko asked residents to watch for an update to be communicated in early January. Additional comments and suggestions will be taken at this public meeting and then a final draft report will be presented to the Board at the January 26t° Board meeting. 2. Trustee Witko thanked everyone who has participated thus far in the development of this Strategic Plan, and wished all a happy and safe holiday season! XIV. OTHER BUSINESS NONE XV. WARRANTS Trustee Toth presented the Warrant Register for December 8, 2014, in the amount of $849,725.23, and moved to approve the Warrants as presented, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Marcus ave Tr. Pietron ave Tr. Thill afire Tr. Toth ave Tr. Witko ave 9s XVI. Minutes of December 8, 2014: Board Meeting.. RESIDENTS' COMMENTS Nancy Lanning thanked the Board for all their hard work this year. She said she loved the current issue of the Village newsletter because it outlined two months' worth of activities for seniors. She complimented the people who worked so hard on putting that calendar together, saying that she and other seniors truly appreciate it. Georgianne Brunner and Rich Block, representing the Morton Grove Days Commission, appeared before the Board to let them know that, for the past several years, the Park District has been responsible for the July 4 fireworks display, but starting this summer, the Days Commission will be taking over that responsibility. Obviously, it's an additional cost for the Commission, but Georgie said that every person who makes a $25 donation will be able to get a tee -shirt stating "I Helped Save the Morton Grove Fireworks ". Rich and Georgie encouraged the Board members to be the first to get these tee - shirts. They said that information about the tee -shirts will be posted on the Morton Grove Days Commission website, and they're working on getting a PayPal account set up so that people can make donations using PayPal. a. Georgie pointed out that the Commission has obtained 501(c)3 status so donations are now tax - deductible. Georgie and Rich wished every a happy and safe holiday season. b_ Mayor DiMaria said that he was happy to announce that American Legion Post #134 had informed him that they would contribute $3,000 to the Days Commission to put toward the cost of the fireworks. XIV. Georgie thanked him and said she would personally thank the Legion too. Trustee Marcus moved to adjourn the meeting, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. Grear aae Tr. Marcus afire Tr. Pietron acre Tr. Thill ave Tr. Toth aae Tr. Witko aae The meeting adjourned at 8:42 p.m. 16 PASSED this 12th day of January, 2015, Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 12th day of January, 2015. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 13th day of January, 2015. Edilberto Ramos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes of December %20149oerd Meeting.: Minutes by Teresa Cwsar 17 Ronald Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/ Date: January 5, 2015 Re: PC14 -17 — Proposed Text Amendment to Title 12, Chapters 4 and 17 of the Village Of Morton Grove unified Development Code (Ord. 07 -07) to Establish Use Classifications and Definitions for "Financial institutions" and "Financial Institutions- Alternative" and to Eliminate "Currency Exchange" and "Banks And Financial Institutions" from the Existing Commercial Use Classifications Commission Report Public Hearing Notice The Village provided Public Notice PC 14 -17 in accordance with the public notice on November 28, 20: specific site, no public notice signs for the December 15, 2014 Plan Commission public hearing for Unified Development Code. The Pioneer Press published the 4. As this request is for a text amendment, not a request for a or notification letters were required. Background and Application Overview The Village's Unified Development Code, Title 12, is a permissive zoning code, and as such, only the land uses classifications specifically listed in Chapter 4 are allowed within each particular zoning district. Title 12, Chapter 17 provides definitions for various land uses. This current application for a text amendment to the Unified Development Code is being provided in order to add clarity to the various financial type business uses that currently exist in the market place. Section 12 -4 -3 -D currently lists "Financial Services" as a permitted use in the C1 General Commercial District and the CR Commercial Residential District. However, "Financial Services" is not currently defined in Chapter 17 of the Unified Development Code. The absence of a definition challenges staff's ability to ensure that the intent of this code is upheld based on the desired intent and purposes of this use classification. This application seeks to establish a dennition for "Financial Services," create a separate land use classification and definition for "Alternative Financial Services," such as payday loans, pawnbrokers, etc., and to remove duplicative land use classifications and /or definitions. December 15, 2014 Public Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan Commission staff memorandum dated December 8, 2014 (Attachment A). Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Mr. Argumedo noted that in the absence of a specific definition for "Financial Services," star has been interpreting "Financial Services" in a manner consistent with the definitions utilized by other municipalities, which is to mean traditional FDIC backed institutions such as banks, credit unions, savings and loans, and mortgage providers. Mr. Argumedo noted that staff's interpretation of "Financial Services" aligns with the use being allowed by -right in the Cl General Commercial District and CR Commercial Residential District. These types of financial institutions have a synergy with neighboring businesses as customers often visit their bank or credit union as part of a trip to other adjacent businesses. Further, traditional Financial Service establishments often work with the local commercial property and /or business owners — providing standard commercial banking services as well as loans for property acquisition, business expansions, etc. Mr. Argumedo continued that in order to establish a "Financial Services" land use definition for the Unified Development Code, staff researched surrounding communities and found that many of these communities had similar definitions to cover these types of financial service establishments. Staff used the definitions from Evanston, Des Plaines, and Park Ridge to create the proposed definition for Financial Services: Financial Services, A building groperty or activity where the onncmal use or purpose Is the provision of financial services including but not limited to banks facilities for auromated teller machines ('ATMs'? credit unions savings and loan institutions and mortgage companies. Financial Service shall not include Alternative Financial Services or anv use or other type of institution that is otherwise listed soecir "rcalhl in a zoning distract as a permitted or special use Alternative Financial Services Mr. Argumedo noted that there are other entities that provide short-term, high interest financial transactions such as "Payday" and similar consumer loan institutions, currency exchanges, and pawnbrokers that provide financial transactions but follow a different business model from banks, savings and loans, etc. In order to better differentiate these types of businesses from traditional Financial Services establishments, staff proposed a new and distinctive use classification and definition for "Alternative Financial Services ". Mr. Argumedo stated that in contrast to the synergy traditional banks or credit unions provide to commercial areas, "Payday" or consumer loan institutions, currency exchanges, and pawnbrokers primarily are dedicated destinations and do not typically drive business to other adjacent commercial uses. Mr. Argumedo noted that while neighboring communities have established individual definitions and regulations for uses such as "Payday Loan" or "Pawnbroker ", staff discovered, through a more wide- spread analysis, that communities in other areas and states have begun to establish a more comprehensive definition based on the common business model — which is that these businesses provide short-term, high interest financial transactions. As such, staff proposed a more holistic definition and classification for these uses and to establish Alternative Financial Services. In addition, Staff found that communities that established an Alternative Financial Service land use classification deemed that clustering of such uses could have an adverse impact on commercial areas and potentially act as a disincentive for recruitment of other desired businesses. As such many of these communities include a proximity limitation between these types of businesses such I Board Report - January 6, 2014 PC ; 14 -17: Text Amendment /Financial Institution that clustering cannot occur. Further, many of these communities also tend to include a proximity limitation to residential areas. Mr. Argumedo presented the proposed definition for Alternative Financial Services: Alternative Financial Services: A building property or activity where the principal use or purpgse is the pravtslon of short -term nigh- interest personal lending services These Institutions include: check cashing establishments Lot including incidental check cashing) motor vehicle title lenders pawnbrokers oaydav lenders currency exchanae47 and other businesses with similar business models and land use impacts that are not s ecifica/ly enumerated by the Unified Deielopm nt Code Alternative Financial Services shall not Include anv use or other type of institution that is oth rwlse /fisted specifically m a zornna distract as a permitted or special use or an establishment that rovides financial services that are accessory to another principal use No Alternatev Financial Services Institution mail be located within 1.000 feet Drociedy line to grope line, of any other Alternative Financial Services establishment or within 200 feet property fine to properly fine from a residential district Mr. Argumedo also noted that the proposed "Alternative Financial Services" land use classification would be designated a special use in the C1 General Commercial District. The designation of this land use as a special use along with the required space separation requirements would allow the Village to ensure that these uses are sited in such a way and in appropriate locations as to minimize any potential impacts on adjacent businesses or neighborhoods. Financial Services would continue to be a permitted use in commercial areas. Mr. Argumedo advised the Commission that "Currency Exchange" is a current land use classification listed in Section 12 -4 -3 -D as a permitted use in the C1 General Commercial District. If this text amendment is adopted, this separate and distinctive use classification would be eliminated as currency exchanges would fall in the newly created "Alternative Financial Services" use classification and definition. In turn, "Banks and Financial Institutions ", a land use that also exists in the C1 District would be eliminated and folded into "Financial Services." Public Hearing —Board Inquiry /Comment Chairman Farkas expressed concern that the term °financial services' was both in the title of "Financial Services" and within the proposed definition. He felt this was a circular definition. Commissioner Shimanski proposed changing the title of the designated land use from "Financial Services" to "Financial Institution," stating this would eliminate the circular nature of the proposed definition. Mr. Farkas concurred and Mr. Argumedo noted that staff had no objection. Mr. Argumedo noted that other surrounding communities use Financial institution as the designated land use. As the Unified Development Code listed Financial Services as a land use, staff initially sought to provide a definition to that specific use. The change of the land use's title to Financial Institution does not impact the goal of providing a codified definition for traditional banks, credit unions, etc. Commissioner Blonz suggested "Alternative Financial Institution" should be listed as "Financial Institution — Alternative" so that the two land use classifications uses and definitions would be fisted alphabetically in the code. Mr. Argumedo agreed with the suggestion and noted that this is Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution consistent with how other uses are listed in the Unified Development Code, such as "Daycare" and "Daycare - Adult ". Commissioner Blonz inquired why staff did not propose to allow Financial Institution- Alternative as a special use in the CR Commercial Residential district, as it is proposed only within the Ci General Commercial District. Mr. Argumedo noted that the CR District was created in order to help promote the creation of a downtown commercial area based on its proximity to the Metra station, nearby dense residential and commercial businesses along Lincoln Avenue. The allowed land uses in this area should be limited to those that support the community's vision and a "Financial Institution — Alternative" use is not pedestrian oriented nor a typical "downtown" type of business use. Staff has and continues to work to modify land use classifications within the CR District to support the goal of creating a downtown commercial area. For example, in 2013 office uses were limited to 2nd fioor and above (PC# 13 -08) in order to promote ground floor retail, restaurant and other pedestrian oriented businesses. By restricting a non- pedestrian oriented business such as Financial institution - Alternative from being in the CR District, Staff continues to work toward the vision of promoting pedestrian oriented businesses in the CR District. Commission Blonz inquired why the proposed "Financial institution - Alternative" definition put a distance requirement of 1,000 feet for two such institutions to be near each other. Mr. Argumedo responded that in exploring other definitions for Financial institution - Alternative, most communities included a separation limitation as a mean to buffer commercial areas from poor perception and aesthetics. The presence of two "Financial Institution - Alternative" entities next to each other does not present an image of a thriving business area. In addition, as these entities are primarily single transaction destinations, clustering them together would create a business area that does not provide synergies to incentivize other pedestrian oriented businesses from locating in that area. Commissioner Shimanski asked how long is 1,000 feet in practical terms. Commissioner Blonz noted that as a block is 660 feet long and this regulation would work out to about a block and a half between such businesses. Commissioner Blonz questioned why the proposal would limit "Financial Institution - Alternative" to 200 feet away from residential districts. Mr. Argumedo replied that such a regulation assists with the perception issues associated with "Financial Institution — Alternative" as the presence of these types of businesses often conveys a negative image as to the health of a business area. Also, as these businesses are primarily single destination transactions, these are not the types of businesses that would fit into neighborhood commercial areas. Chairperson Farkas inquired about the use of the phrase `high interest' in the "Financial Institution - Alternative" definition — specifically he asked if that should be further defined or even removed? Commissioner Shimanski stated the term `high interest' is a generally accepted industry standard term. Mr. Argumedo noted that other communities have tried to set an explicit interest rate to differentiate the two types of institutions only to see "Financial Institution - Alternative" type businesses slightly alter their rate in order to try to be eligible for the more permissive use. Use of this term for these types of businesses is common as it allows the Village another level of scrutiny in the review of the differences between these use classifications. Commissioner Shimanski reiterated that the phrase was generally industry accepted and advocated the phrase to remain. Commissioner Blonz questioned why these uses are being permitted with limitations; why not just ban them outright? Mr. Argumedo stated that there may be a scenario where such an institution 4 Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution may be warranted under proper scrutiny. As an example there may be a commercial site, which has been vacant for many years and is located away from residential areas and not near pedestrian oriented businesses. The definition with its limits on location, both proximity to other "Financial Institution - Alternatives" and residential areas, and requiring approval through the special use process protects the Village from such an entity being approved that is counter to the vision for a particular commercial area. Listing "Financial Institution - Alternative" as an allowed special use in the C1 General Commercial area both protects and provides flexibility in the Village's development. Commissioner Khan asked why the proposed "Financial Institution" definition did not have a distance requirement between entities. Mr. Argumedo noted that the nature of Financial Institution type businesses tend to promote synergy with other neighboring businesses as customers stop at a Financial Institution and may then use other neighboring businesses. In addition, banks often assist other neighboring businesses. Chairperson Farkas asked that the word `provision' be replaced with `rendering' to increase the clarity of the definitions. Mr. Argumedo was amenable to such an adjustment in each proposed definition. Chairperson Farkas asked for clarification that "Banks and Financial Institutions" would be eliminated. Mr. Argumedo confirmed that staff would eliminate the duplicative land uses. Public Hearing— Public Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Public Hearing —Board Discussion and Vote Chairperson Farkas asked for a motion to approve Case PC14 -17. Commissioner Shimanski made a motion to recommend approval of the proposed text amendment, PC #14 -17, Sections 12 -17 -1 and 12 -4 -3 -D of the Unified Development Code as follows: 1. To change the proposed "Financial Services" classification to "Financial Institution," which will be defined in Section 12 -17 -1 as: Ffnancia/ Institution., ,4 buffdino Proyerty or actigay, where the principal use or Purpose is the rendering of rinancial services incfudino but not limited to banks facilities for automated teller machines r'ATW I credit unions savings and loan institutions and mortgage comPanfes Ffrancia/ Institutfon shall not include Financial Institution Alternative or anL Use or other type of fnstftution that is otherwise fisted specificalfv in a zonino district as a Permitted or special use 2. To establish "Financial Institution - Alternative" as a land use classifi cation, which will be defined in Section 12 -17 -1 as: Financial Institutfon Alternative; A buildinc oroverty or activltK wherm the Principal use or purpose is the rendering of short term hioh inferest persona/ lending services Mesue fnstftutions include• check eashine� - estabiishments (not including inciden`al check casfafno7 motor vehicle tftfe Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution lenders pawnbroker; pavdav lenders currencv exchanges and other businesses with s ®m ®far business mode /s and /and use impacts that are not specifica/ /v enumerated by the Unified Deve%®ment Code.Financia/ Fnstitution Alternative shat/ not include an use or other tvoe of institution that is otherwise listed specifrcalfy in a zonfno district as a permitted or special use or an establishment that provides Fnancial services that are accessory to another prrndpal use No Financial Institution A /tern >ative FaN'nhfechmos. a.. 6___c_✓ ___ _ 200 feet, property f/ne to property fine from a residential district 3. To allow "Financial Institution - Alternative" as a Special Use in the Cl General Commercial District, Section 12- 4 -3 -D; and 4. To eliminate "Currency Exchange" and "Bank and Financial Institution" from the C1 General Land Use table, Section 12- 4 -3 -D. Motion was seconded by Commissioner Blonz. The amendment was recommended for approval by a unanimous vote. (7 -0) 6 Board Repori- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution PC 14 -17 PROPOSED TEXT AMENDMENT LANGUAGE (AMENDED, PER PLAN COMMISSION RECOMMENDATION) (New Text shown in bold /underlined fonnat any deleted text � shown as ethf&a#h format, 12 -17 -1: TERMS DEFINED: Pinancial Institution: A building property oa- activity where the principal use or purpose is the rendering of financial services, including but not limited to banks. facilities for automated teller machines ( "ATMs ") credit unions sayings and loan institutions and rnortLya2e companies. FinanctaI Institution shall not include Financial Institution- Alternative or anv use or other type of institution that is otherwise listed specifically in a zoning district as a permitted or special use. rnnancial institution - Alternative: A building, property or activity where the princinal use or purpose is the rendering of short -term, high- interest personal lending services These institutions include: check cashing establishments (not including incidental check cashing motor vehicle title fenders. pawnbrokers, navdav lenders, currenev exchanges and other businesses with similar business models and land use impacts that are not specifically enumerated by the Unified Development Code. Financial Institution- Alternative shall not include anv use or other type of institution that is otherwise listed specifi aliv in a zoning district as a permitted or special use or an establishment that provides financial services that are accessory to another principal use, No Financial Institution- Alternative establishment may be located within 1,000 feet property line to uroveriv Pane, of anv other Financial Institution- Alternative establishment or within 200 feet, property line to prouerty line, from residential district. Section I2 -4-3 -D — PROPOSED NEW USE CLASSIFICATIONS (PC #14 -17) Categories Of Use Accessory uses Amusement establishment (bowling, game room, etc.) Animal hospitals - - - --- Antique shops Apparel shops (including tailors and dressmakers) Appliance sales and service Art and educational supply stores Art galleries f C- C- Cliff 9 2 f C- C- Cliff 9 2 P' P' P1 P_ A X P X P P X X _p__ P P Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Assisted living facilities S S S Audiovisual equipment, accessories and supply P X - - -- — - - - X - -- - - -- . --- .— .__._____.— — ---- ----- - ----------- Automobile minimart station S3 S3 X Automobile parking lots within 300 feet of the use served p p p Automobile service station S' S3 S' Automobile, truck or trailer rental S X X Automotive accessory stores - retail (installation allowed) S X X Automotive accessory stores - retail (no service or installation) P X X Automotive repair (oil change, tires, brakes, auto glass, other mechanical —S S —' X items only) o (ORD 1540 PC #14 -17) P? Barbershops P LL P P Beauty parlors D P P Bicycle sales and repair P P P Blueprint establishment P X X Book, magazine and newspaper stores P P P Bridal shops P X S Building material sales (no outside storage) P S S Camera and photographic supplies p P p Car wash — S X X Card and gift store -- - -- P ,. -_.__P — P Catering - including accessory uses such as shared rental kitchen and P X y S retail sale of food products _ Catering (not in conjunction with other food sales or service) p X S China and glassware shops P X P Clothing rental P X P Clubs and lodges S S S5 Coin and stamp collecting store P X P Commercial services P P S ff 8 Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial institution Commercial wireless communication services, as a principal use S3 S2 S2 Community residence - family (minimum spacing distance less than 330 S3 S3 S3 feet) - Community residence - family (minimum spacing distance - 330 feet) P3 P3 P3 Community residence - group (minimum spacing distance - 330 feet) S' S3 S3 Convenience store P P P Costume rental — - - P X P ��ange-(ORD. 15 -XX PC #14 -17) _ P- _ Daycare -._ _--- _ . _.._._.._. S S S Daycare, adult S S S Department store P X X Domestic pet service (grooming) P X P Drapery, curtain and window covering stores P X P Drive through facilities S' S3 S3 _._- - Dnve -thru facilities located within a shopping center that meets the criteria P3 S3 S' set forth in Section 12- 5 -513-3 Drugstores (pharmacies) P P P Dry cleaning establishment of 5.000 square feet or less, consisting of on P X site cleaning and /or laundering limited to articles dropped off at the same X location D ry cleanin g -retail Dwellings: Attached dwellings S3 S' P or S3 Multiple- family dwellings S' S3 P or S3 Senior citizen housing Sa rJ+3 Ss electrical and telephone substations _. -- - -- S S S - Electrical fixtures fixtures P X S Electronic media sales and rental (videotapes, cassettes, CDs, CD -ROM P DVDs, etc.) P P 9 Board Report- January 6, 2014 P� #14 -17: Text Amendment /Financial Institution Electronics, sales and service P X S Employment agencies P X X - — - -- Entertainment ticket office - - P Y P - -- - - - -- -- — .. Entertainment venue - principal use (live music, vocal entertainment, S X etc,)<- S Fabric and sewing accessories -- — P p p Financial sepAces 6nstitution (ORD. 15-)X PC #14 -17) P X P Financial institution Alternative (ORD. 15-XX, PC #14 -17) �nII" a. �.. P- v' c `'_. "ii`u'i1s.ss'.^kasisfi(�4$. �rY&L_v�r�- „..,y3 n3Mfr.,°�:t`::'y' iii.- d': 9a2' Tdn?/: ?n` tiL” i..: w"`+ rv`✓ if%.. " c�+ u. v+ 4�Ci:: 5. � #w'°..''„"r,-.`a"— - `mTN..vu r" ..ii'- ®y+:n.t ""i't,..'.:Wt"!2 �£r'�N -viY 10 EFFECTIVE JANUARY 1. 2015 THROUGH DECEMBER Advisory Commission on Aging Appearance Commission Cable and Telecommunications Commission Community Relations Commission Economic Development Commission Board of Environmental Health Finance Advisory Commission Fire and Police Commission Natural Resources Commission Plan Commission/Zoning Board of Appeals Traffic Safety Commission Nancy Lanning - Chairperson Bill Zimmer - Chairperson Ron Fine — Chairperson Terri Cousar — Chairperson Wayne Youkhana — Chairperson Georgianne Brunner - Chairperson William McFadden - Chairperson Michael Simkins - Chairperson Mary Busch - Chairperson Ronald Farkas - Chairperson Keith White, Chairperson The above named officials are submitted for appointment or reappointment to the positions noted and are approved as of January 12, 2015. Daniel P. DiMaria,` Village President Richard T. Flickinger Municipal Ceme; 6101 Capulina Avenue e Morton Grove, Illinois 60053 -2985 Ted: (847) 965 -4100 Fax: (847) 965 -4162 THE REGULAR MEETINGS OF VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND SUBCOMMITTEES OF THE VILLAGE OF MORTON GROVE FOR 2015 WILL BE HELD AT VARIOUS TIMES AND LOCATIONS AS LISTED To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andior participate in this meeting, or who have questions regarding the accessibility of these, facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. Richard T. Flickinger Municipal Center - 6101 Capalii a Avenue e Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 0 Time Dates Location Advisory Commission on A ing 1:00 pm 2na Tuesda ever month Civic Center Appearance Review Commission 7:00 m I"Monday of eve month Council Chambers Board of Environmental Health 7:00 pm I" Tuesday (every other month Trustees Conference Room � beginning. in February) Community Relations Commission I Co 7:00 m 2na Tuesday (eve other month) Trustees Conference Room Economic Development Commission 5:30 pm I" Monday, Quarterly (February, J Trustees Conference Room ! May August November) Fair Housing Commission Varies Varies Varies Finance Advisor Commission 7:00 m i Varies I Trustees Conference Room Fire and Police Commission 1:00 m 4' Tuesday every month Fire Station 44 Fire Pension and 8:00 am Quarterly - varies Fire Station 44 Foreign Fire Tax Board 8:00 axn Quarterl - varies I Fire Station #4 Natural Resource Commission 6:00 pro 3`° Mondav every month ;Trustees Conference Room Plan Commission 7:30 pm 3` Monday every month Council Chambers Police Pension Board 5:00 m Quarterly - varies Police Station Traffic Safeiy Commission 7:00 m 1" Thursday eve month Council Chambers Zoning Board of A eals 7:30 m 3 d Monda every month Council Chambers To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andior participate in this meeting, or who have questions regarding the accessibility of these, facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. Richard T. Flickinger Municipal Center - 6101 Capalii a Avenue e Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 0 Legislative Surnmary Resolution I5 -01 AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND MATHER LIFEWAYS FOR THE USE OF THE CIVIC DENTE R FOR SENIOR PROGRAMMING Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: First Reading: Special Consider or Requirements: Respectfully submitted: January 12, 2015 To authorize the Village of Morton Grove to enter into an agreement with Mather LifeWays to coordinate and provide senior programs at the American Legion Memorial Civic Center. To provide a wide array of programs for Morton Grove residents, especially residents over the age of 50. Since 2001, the Village has provided programs for older residents at the American Legion Memorial Civic Center. In 2010 the Village approved a non- exclusive license to an outside agency to use parts of the Civic Center free of charge in return for conducting programs for older adults. The license agreement with that agency expires on December 31, 2014, and the agency has elected not to renew the agreement. The Village has since reached out to potential public and private partners to work together to provide a wide array of programs at the Civic Center. Mather LifeWays has made a proposal to the Village to operate programs for all adults, but concentrating on activities and services desired by adults over the age of 50. Pursuant to this proposal, Mather LifeWays shall be granted a one year non- exclusive license to use parts of the Civic Center in order to coordinate all programming at the Civic Center, work with community partners as directed by the Village to bring their programs tmsite, nurture /encourage /continue self -led programs and will directly provide lunch programs, provide i -pad and computer classes. Boost your Braise and memory courses, become a Senior Health Insurance Program (SHIP) site, utilize current and generate new volunteers to support operations at the Civic Center, become a AARP tax site, provide Telephone Topics, create lifelong learning opportunities, work with other organizations to create intergenerational programming, conduct community outreach to fill Programs and conduct other programs as agreed. Administration Mather LifeWay will not charge the Village to provide these programs, but may charge participants a nominal fee. The Village will provide space, equipment, telephone and internet service as well as janitorial and basic set -up services to Mather LifeWays. Not applicable The oversight of Mather LifeWays will be performed by Village staff Approval as presented. Not required. None. Ryan J. Horne, Village Administrator Prepared by: Teresa Hoffman Liston, Corporation Counsel AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND MATHER LIFEWAYS FOR THE USE OF THE CIVIC CENTER FOR SENIOR PROGRAMMING WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village owns property located at 6140 Dempster Street, Morton Grove, Illinois, commonly known as the American Legion Memorial Civic Center hereinafter referred to as the "Civic Center'; and WHEREAS, a portion of that building consists of space leased by and used exclusively by the American Legion Post 134; and WHEREAS, the remaining space has been used for the provision of Village services, particularly senior and social services which provides various services and programs, along with the rental of certain portions of the building for varied functions; and WHEREAS, since 2001 the Village has provided programs for older residents at the American Legion Memorial Civic Center; and WHEREAS, in 2010 the Village granted a non - exclusive license to an outside agency to use parts of the Civic Center free of charge in return for conducting programs for older adults. The license agreement with that agency expires on December 31, 2014, and the agency has elected not to renew the agreement; and WHEREAS, the Village has since reached out to potential public and private partners to work together to provide a wide array of programs at the Civic Center; and WHEREAS, Mather LifeWays has made a proposal to the Village to operate programs for all adults, but concentrating on activities and services desired by adults over the age of 50; and WHEREAS, pursuant to this proposal, Mather LifeWays will be granted a one year non- exclusive license to use parts of the Civic Center in order to coordinate all programming at the Civic Center, work with community partners as directed by the Village to bring their programs onsite, nurture/encourage/continue self -led programs and will directly provide lunch programs, provide i -pad and computer classes, Boost your Brain and Memory courses, become a Senior health Insurance Program (SHIP) site, utilize current and generate new volunteers to support operations at the Civic Center, become a AARP tax site, provide Telephone Topics, create lifelong learning opportunities, work with other organizations to create intergenerational programming, conduct community outreach to fill programs and conduct other programs as agreed; and WHEREAS, Village staff has negotiated an agreement with Mather LifeWays consistent with its proposal, a copy of which is attached; and WHEREAS, it is in the best interest of the Village to approve this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby malting the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to an Agreement in substantial conformity with Exhibit "A" which is attached hereto to provide specialized programs and services at the Civic Center for an initial term which shall begin on January 1, 2015, and run until December 31, 2015. SECTION 3: The Village Administrator and/or his designee is hereby authorized to take all steps necessary to implement the aforementioned Agreement with Mather LifeWays. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 12`x' day of December 2015. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12th day of December 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cools County, Illinois APPROVED and FILED in my office this 11'1' day of December 2015. Ed Rainos, Village Clerk Village of Morton Grove Cook County, Illinois This document constitutes an agreement, herein "the Agreement," between the Village of Morton Grove (VMG) located at 6101 Capulina Street, Morton Grove, IL 60053 and Mather LifeWays Community Initiatives LLC (MLCI), located at 160' ) Orrington Avenue, Suite 1800, Evanston, IL 60201. VMG and MLCI shall be collectively referred to herein as the "Parties" or individually as a "Party." The Village of Morton Grove is a near north suburb of Chicago located 13 miles north of "The hoop," 8 miles northeast of O'Hare Airport, and 6 miles west of Lake Michigan. Although primarily residential, the Village has significant commercial and industrial areas. Approximately 20% of the land in the community is owned by the Cook County Forest Preserve District and is set aside for open space and recreation. The Community is the home of award - winning parks and schools. Based in Evanston, Illinois, Mather LifeWays is a unique, non - denominational not -for- profit organization founded more than 70 years ago. Dedicated to developing and implementing Ways to Age Well, it creates programs, places, and residences for today's young -at -heart older adults. These include making neighborhoods better places for older adults to live, work, learn, contribute, and play; and identifying, implementing, and sharing best practices for wellness, workplace, and family caregiver programs. The Village of Morton Grove aims to provide programs for its residents, including adults over the age of 50 years at the American Legion Civic Memorial Center. Mather LifeWays is one of the Village of Morton Grove's partners who can provide such programs for the Village of Morton Grove's residents including adults over the age of 50 years. In addition, Mather LifeWays is able to coordinate and facilitate programming offered by other partners of the Village of Morton Grove such as the Morton Grove Park District and the Morton Grove Library, 1. Term The term of this Agreement shall be January 1, 2015 through December 31, 2015, 2. Nature of Services MLCI will create and provide engaging experiences for the Village of Morton Grove's residents including adults over the age of 50 years at the American Legion Civic Memorial Center located at 6140 Dempster Street, Morton Grove, IL 60053. The Village of Morton Grove understands and accepts that MLCI's programming will be offered to residents of other near north suburbs including the Village of Skokie and the Village of Niles. MLCI will coordinate programs with other organizations such as the Morton Grove Park District and the Morton Grove Library. All parties will work to create and maintain an environment of trust and support. Final 12 -4 -14 A. MLCI will: • Provide monthly "MORE Than a Lunch" experiences. • Provide technology offerings such as, i -Pad and computer classes. • Nurture /encourage /continue self -led programs. • Offer Boost your Brain and Memory Enrollment (10 individuals are required for Boost your Brain and Memory courses to occur). • Based on demand from residents, become a Senior Health Insurance Program (SHIP) site. • Collaborate with the Morton Grove Park District and the Morton. Grove Library to bring their programs onsite to the American Legion Civic Memorial Center. • Utilize current, and generate new volunteers to support operations at the Civic Center. • Support the Village of Morton Grove's initiatives to become an AARP tax site. • Based on demand and interest from residents, provide Telephone Topics, create lifelong learning opportunities, and provide classes on a wide variety of topics, including but not limited to the arts, history, and nature. • Collaborate with other organizations to create intergenerational programming. • Conduct community outreach to fill programs. • Provide other programs as mutually agreed upon. • Notify staff of the Village of Morton Grove of the need for replacement or repairs to the American Legion Civic Memorial Center building. • Keep the three office spaces provided by the Village of Morton Grove clean and safe. B. VMG will: • Maintain the American Legion Civic Memorial Center building and ensure compliance with all building codes. • Make all repairs and conduct other necessary activities to put and keep the premises of the American Legion Civic Memorial Center building in a habitable condition. • Keep all common areas of the premises of the American Legion Civic Memorial Center building in a safe condition. Common areas include but are not limited to the parking lot, entry ways, and hallways. • Maintain in good and safe working order all facilities, including but not limited to the electrical, plumbing, sanitary, heating, air conditioning of the American Legion Civic Memorial Center building. • Provide and maintain operable smoke detectors and ensure compliance with all laws and regulations pertaining to fire safety and other enviromnental hazards. • Maintain in good working order all existing equipment such as telephones, fax machine /copier, computers, etc. ® As agreed by the Parties from time -to -time, provide set- up/break -down assistance for specified programs. ® Provide parking spaces. Final 12 -4 -14 • Provide storage space for program equipment (i -Pads, laptop computers, chafing dishes, coffee carafes, etc.). • Provide three office spaces and three dedicated telephone lines for the exclusive use of MLCI during the term of this Agreement. Pay for the fees and expenses associated with the three telephone lines. • Provide Wi -Fi connectivity through the Village's network. • Cooperate with MLCI to provide marketing support through existing media outlets (village newsletter, website, e- blasts, etc.). ® Coordinate programs presented by the Village of Morton Grove's social worker, and other Village departments, such as the Police. ® Encourage Village Officials (elected or appointed) and staff to attend "MORE Than a Lunch" experiences. C. MLCI and VMG jointly will • Maintain open lines of communication among all parties. • Host a one -time social event or open house to invite residents and create a welcoming environment. Marketing and press releases for said open house will be mutually agreed upon by both parties and approved by both parties prior to use and distribution. • Establish mutually agreed upon goals for daily, monthly, and yearly attendance. • Establish mutually agreed upon hours of operation that are convenient for both Parties and conducive to providing the Nature of Services contemplated by this Agreement. • Conduct regular meetings jointly with all involved parties including other partners of the Village of Morton Grove, such as the Morton Grove Park District and the Morton Grove Library. Frequency of these meetings will be mutually agreed upon but will initially occur on a weekly basis in order to establish clear communication and foster team work. • Engage in dialogue regarding the prospect of an ongoing relationship between MLW and VMG. No Creation of a Landlord 'Tenant Relationship This Agreement does not create a landlord tenant relationship between VMG & MLCI, and except as specifically agreed in writing by the Parties, MLCI's right to the use of the Civic Center shall be non - exclusive and shall be for the sole purpose of providing programs and services as contemplated by this Agreement. 4. Confidential Information and Confidentiality VMG and MLCI agree the information disclosed by the respective parties during the duration of the Agreement is Confidential Information and proprietary to the respective parties. Confidential Information may include but is not limited to the content, design and development of MLCI's programs such as Boost your Brain and Memory, and Telephone Topics. Except where disclosure is required by law including the Illinois Open Meetings Act, MLCI and VMG shall hold the sarne in confidence, shall not use the Confidential Information other than for the purposes of business related to this Agreement and will not Final 12 -4 -14 disclose, publish, or otherwise reveal any of the Confidential Information to any other party whatsoever except with specific prior written authorization. VMG and MLCI agree use of corporate and identifying marks, and "logo(s)" may not be used without the express written consent of the respective Party. Press releases and material referencing any partnership or support between VMG and MLCI will be approved by both parties prior to use. VMG and MLCI will agree in writing upon language to describe the general relationship and support. 5. Non- Disparagement During the term of this Agreement and thereafter, both Parties mutually agree not to disparage either party. Disparage shall mean any negative statements, reviews, comments, or feedback, whether written, oral, or electronic about either Party its employees, agents, and /or board members. 6. Termination This Agreement may be terminated by either Party without cause upon no less than sixty (60) calendar days' notice, unless a lesser time is mutually agreed upon by both Parties in writing. Said notice shall be delivered by certified mail, return receipt requested; in person with proof of delivery; or by facsimile machine to the addresses given below. 7. Disclaimer, Limits of Liability Neither Party to this Agreement shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the other, unless such liability is imposed by law and shall indemnify and hold the other harmless for any claims, damages or losses including attorneys' fees relating to the alleged negligent or wrongful acts or omissions of the other. This Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one Party against the other or against a third Ply R. Default, Disputes and Claims All defaults by either Party regarding any obligation under this Agreement shall be remedied by the defaulting Party in a reasonable manner and time period. Disputes regarding such defaults will be resolved by non - binding voluntary arbitration according to terms mutually acceptable to both Parties. Should a resolution not be reached through arbitration, then the Party injured by the default must notify the defaulting Party in writing and bring legal proceeding within one year of discovering the problem causing the default or waive the right to complain. The non - prevailing Party shall, in addition to any other damages assessed, reimburse the prevailing Party for all its costs associated with the arbitration including reasonable court costs and attorneys fees. 9. Insurance Requirements A. MLCI Insurance: MLCI agrees to maintain professional and general_ liability insurance, or self - insurance, in the minimum amount of $1,000,000 per claim or Final 12 -4 -14 4 occurrence, $3,000,000 aggregate, for its employees, agents, and servants (termed collectively MLW) with an insurance carrier rated A. or better by AM Best Company. MLCI shall furnish VMG with a Certificate of Insurance or other written document reasonably satisfactory to VMG as evidence of its insurance coverage within thirty (30) days of the signing of this Agreement, and at least annually thereafter. B. VMG Insurance: VMG is self - insured through the Intergovernmental Risk Management Association (IRMA), which maintains, in the minimum amount of $1,000,000 per claim or occurrence, $3,000,000 aggregate, for its employees, agents, and servants (termed collectively VMG). VMG shall furnish MLW with a Certificate of Insurance or other written document reasonably satisfactory to MLW as evidence of its insurance coverage within thirty (30) days of the signing of this Agreement, and at least annually thereafter. 10. Force Majeure Except for obligations to pay money where the other Party has performed the service to which payment relates, neither Party shall be responsible for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to failure by subcontractors or suppliers to furnish equipment, software, parts or Labor; war, sabotage, insurrections, riots, civil disobedience and the like, acts of governments and agencies thereof, labor disputes, accidents, fires or acts of God. So long as any such delay or default continues, the Party affected by the conditions beyond its control shall keep the other Party at all times fully informed concerning the matters causing the delay or default and the prospects of their ending. In such event, the delayed Party shall perform its obligations hereunder within a reasonable time after the cause of the failure has been remedied, and the other Party shall be obligated to accept such delayed performance. 12. Assignment This Agreement may not be assigned, in whole or in part, by either Party without the prior written approval of the other Party. 13, Governing Lava This Agreement is to be governed and construed in accordance with the Laws of the State of Illinois. For venue purposes, it is deemed that all obligations of the Parties created hereunder are performed in the State of Illinois. 14. Acceptance This Agreement shall not be binding until signed by both Parties and approved by the Board of Trustees of the Village of Morton Grove. The persons signing this Agreement represent and warrant all articles including certifications are true and correct and that they have authority to bind their respective Parties. Final 12-4-14 5 AGREED Bv: Village of Morton Grove January 12, 2015 Daniel P. DiMaria,�Mayor Date Village of Morton Grove 6101 Capulina Street, Morton Grove, IL 60053 Phone 847.965.4100 Fax 847.965.4162 ddirnaria@rnortongroveil.org Mather LifeWays Community Initiatives, LLC Mary Leary, President & CEO Date Mather LifeWays 160' ) Orrington Avenue, Ste 1800, Evanston, IL 60201 Phone 847.492.7500 Fax 847.492.6789 mleary @mathelifewaysxom Final 12-4-14 - 6 Legislative Summary Resolution I5 -02 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE LAKE STREET SIDEWALK IMPROVEMENT Introduced: January 12, 2015 Synopsis: To authorize the Village President to execute a "Local Agency Agreement For Federal Participation" with the Illinois Department of Transportation for the Lake Street Sidewalk Improvement. Purpose: The agreement between the Village and IDOT is necessary in order to receive Safe Routes to School funding that was awarded by the Illinois Department of Transportation and place the project on the letting schedule with the State for March 6, 2015, Background: Safe Routes to School is a federal funding program and administered by the Illinois Department of Transportation. The Village, Illinois School District 70, and the Morton Grove Park District applied for an aggregated amount of $76,200 in 2010 for this funding. The goal of the program is to create safe walking and cycling routes to school in the expectation walking and cycling to school will increase and combat juvenile obesity and increase health for all. The Village had expected to pay for the cost of the construction project and be reimbursed by the State of Illinois. The adopted 2015 budget includes this strategy. However, the draft agreement includes terms for the State of Illinois to pay for the construction contract and the Village will reimburse the State. There is adequate funding for the estimated cost. erhe work is scheduled to begin in May 2015. Programs, Departs Public Works Department - Engineering Division or Groups Affected Fiscal Impact: Total Estimated Project Cost: $105,709 (Federal: $76,200, Village: $29,509) Source of Funds: Capital Projects Fund (Account 305060 - 553300) Workload Impact: The Public Works Department, Engineering Division performs the management and implementation of the program as part of their normal work activities. Administrator Approval as presented. Recommendation: I First Reading: Not required Special Considerations None or Requirements: Respectfully submitted: �'-,17}�f�__-.-.--- Ryan J' Rorne, Village Administrator Prepared by: Chris R. Tomich, Village Engineer Reviewed by: Andy DeMonte, Public Works Director Reviewed by: _ Teresa Hoffman Liston, Corporation Counsel r 1 1 i; AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE LAKE STREET SIDEWALK IMPROVEMENT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village desires to replace sidewalks on Lake Street from Park View School to Austin Avenue to improve the accessibility of the sidewalk on this designated school route which will encourage students and parents to walk or cycle to Park View School, and will reduce the extent of traffic accessing the school each day; and WHEREAS, the Village of Morton Grove, Illinois School District 70, and the Morton Grove Park District co- sponsored an application for federal Safe Routes to School funding in 2010; and WI- IEREAS, the State of Illinois awarded a maximum, aggregated amount of $76,200 for sidewalks, pavement markings, and signage improvements from the State's mandated Safe Routes to School Program; and WHEREAS, cost sharing for this program is 100% Federal up to the maximum programmed amount with the Village providing the balance of the actual cost as indicated below: Total Estimated Cost Federal Village $105,709 $76,200 $29,509 and WHEREAS, an expense for the construction cost in the amount of $100,000 and a revenue for the reimbursement of $70,000 was included in the Adopted 2015 . Annual Budget for this project, which is sufficient for the anticipated expenses; and WHEREAS, approval of the attached "Local Agency Agreement for Federal Participation" (Exhibit "A ") is required for the project to move forward; and WHEREAS, the attached "Local Agency Agreement for Federal Participation" (Exhibit "A ") includes the terms the State of Illinois will be paying for the expenses of the construction contract along with the amount the Village will be reimbursing the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY TIE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The President of the Village of Morton Grove is hereby authorized to execute acid the Village Clerk is hereby authorized to attest to the Illinois Department of Transportation Local Agency Agreement for Federal Participation for the Lake Street Sidewalk Improvement. SECTION'): The Village Administrator and Village Engineer and /or their designees are hereby authorized to take any and all steps necessary to implement and administer the aforementioned agreement. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 1.2"' day of January 2015 Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED BY ME THIS 12`h DAY OF JANUARY 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 11x' day of January 2015 Ed Ramos, Village Clerk Village of Morton Grove Cools County, Illinois Local Agency ulinois Department of Transportation Village of Morton Grove Local Agency Agreement Section for Federal Participation 12- 00107 -00 -SP SRTS % State Contract X Day Labor i Local Contract RR Force Accobnt I Fund Type SRTS ITEP and /or SRTS Number 2011 -SR -3971 Non - Participating Construction ( ) a Construction Enoineennid ( ) Right- of -Wav Job Number Project Number Job Number ( ) ( } Project Number Job Number Right of Way Project Number C -91- 360 -14 � SRTS- 4009(290) Railroads ( ) ( ) ( ) � This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE's policies and procedures approved and /or required by the Federal Local Name Lake Street Termini Park View School to Austin Avenue Current Jurisdiction LA Location Route MS 3010 TIP Number 02 -12 -0018 Project Description Sidewalk, pavement marking and signing improvements along north side of Lake Street. Division of Cost Length 0.25 mile Existing Structure No N/A Type of Work SRTS % % LA % Total Participating Construction 76,200 ( } ( ) 29,509 ( SAL ) 105,709 Non - Participating Construction ( ) ( } ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( } Right of Way ( ) t } ( } Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 767200 $ $ 29,509 $ 105,709 'Maximum FHWA (SRTS) Participation 100% not to exceed $76,200. NOTE: The costs shown in the Division of Cost table are approximate and subject to change, The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the renal division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided forthe percentage and explain above. Local Agency Appropriation By execution of this Agreement, the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% of LA Obligation) METHOD B - -- Monthly Payments of METHOD C --- LA's Share Balance due by the of each successive month. divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 1/712015 Page 1 of 5 BLR 05310 (Rev_ 10/06114) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and It of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a. location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract, the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount eo,ual to 80% of the LA's estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE within thirty (30) calendar days of reciept, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller's Offset System (30 ILCS 105/10.05) or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 1/712015 Page 2 of 5 BLR 05310 (Rev. 10/06/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the (DOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement, (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying', in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.. _... Printed on 1/712015 Page 3 of 5 BLR 05310 (Rev. 10/06114) (25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A -133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web- enabled government -wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https: / /www.sam.00v /portal /public /SAM / # ^. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way, utility work and/or construction work: (a) To reimburse the LA for the Federal and /or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT - approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application Printed on 1,712015 Page 4 of 5 BLR 05310 (Rev. 10/06/14) ADDENDA Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Man Number 2 —Local Aooropnation Resolution Number 3 - Chan es to Agreement Provisions SRTS Reporting (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. Mkill Local Agency Daniel P. DiMaria Name of Official (Print or Type Name) Village President Title (County Board ChairpersonlMayorNillage President/etc.) (Signature) The above signature certifies the agency's TIN number is 36- 6006007 conducting business as a Governmental Entity. DUNS Number 074439365 State of Illinois Department of Transportation Erica J. Borggren, Acting Secretary Date T Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways /Chief Engineer Date Michael A. Forti, Chief Counsel Date Tony Small, Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed on 1/7/2015 Page 5 of 5 BLR 05310 (Rev. 10/06/14) Exhibit -A _ 0, Ell"Ell . s F a ., J, I I I NO IT I l. N RI L w RE X .. d s, a ...,.. Id r : , °d _, .s I. V= INININ IT 41 GO, TO ° `- a v, Pon. Ii NO TIM ry TIVO ON NO " ^. .w.^, r.w: .b, o - �. If ,. , IV Vi ., a P, ITTER, TO �,- ...,o� v.... Y O =w. N 110, .T GO Rrill BE z d ...... n.. r TO E L d i v .r: .,v.r . fix. I TO 1. 03 ilkl� TO 3 «uwmoo.v: .A: t 6 a . e .- 1e �11 01 TOO IN nvv. emo 2 "'"`" �....m. o r moo IT, TO lN NO GOT "T Vu TV, RE Village of Morton Grove hd d ' NINO IT, ERIE, TO 1.11 w NOR Rli 11 1 TWO IT, =11 I m < IT TO - fk U ° 1kd r, P�kn i0 ;Fl r ^ ^, 6 ., o .W, o�, ° s 1 .1 TO o ® �o TOGNOT Ol OT, Ni o m ,.M,.a« „r ® co.i 1 ate. TO ITT` m..r.Ill srv�,cac1 .rl e+• e F` ^..... t. Ei __ P I Ipr Date 9cM1OO, pumso! vrsM N _ ° 'nw ' ] �'P C 1 , d. ° FE IT TV, VIRII I GO GIG Girl a ...ate ® ^ ., e ,. ........ _.. Gli d Or s IT @ ,� JIeFe M (S N Ilpi . GROG, '. _. ;. I” NOT.Iii PI NO NO 00 TO rvwawu.x n avNO I,I Exhibit "A" Local Appropriation Resolution (i.e. Morton Grove Approval Resolution) 'xhibit "A" Village of Morton Grove Location: Lake Street: Park View School to Austin Avenue Section No.: 12- 00107 -0D -SP Project No.: SRTS- 4009(290) Job No.: C- 91- 360 -14 Cook County Addendum No. 3 Changes to Agreement Provisions SRTS Reporting IT IS MUTUALLY AGREED: (7) The STATE requires that quarterly reports be filed for all Safe Routes to School (SRTS) infrastructure projects, regardless of the awarded amount. Quarterly reports shall be filed at the completion of the months of March, June, September and December. The report shall specify, at a minimum, the progress of the project or use and expenditure of the awarded funds. Each report shall be received by the Department no later than 30 days after the end of the quarter for which the report is made, and it shall be fled as instructed by the Department. A failure to file, or late filing of, said reports may result in delay, suspension or withholding of future SRTS funds. The reporting template and instructions may be found at the following link DO. %vvl'vv. Legislative Surnmary Ordinance 15 -01 — AMENDING THE VILLAGE'S UNIFIED DEVELOPMENT CODE (ORD. 07 -07) TO ESTABLISH COMMERCIAL LAND USE CLASSIFICATIONS (SEC. 12-4-3) AND DEFINTIONS (SEC. 12-17-1) FOR "FINANCIAL INSTITUTION" AND "FINANCIAL INSTITUTION - ALTERNATIVE" AND TO ELIMINATE "CURRENCY EXCHANGE," "BANKS AND FINANCIAL INSTITUTIONS" AND "FINANCIAL SERVICES" FROM THE EXISTING COMMERCIAL LAND USE CLASSIFICATIONS Introduction Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recomend: Second Reading: Special Consider or January 12, 2014 This ordinance will establish land use classifications & associated definitions for "Financial Institution" & "Financial Institution - Alternative" in the Unified Development code & allow such uses as permitted uses & special uses, respectively, in the C1 General Commercial District. Concurrently, this ordinance will eliminate repetitive land use classifications for "Banks & Financial Institutions," "Currency Exchanges" and "Financial Services" from the existing commercial land use classifications in Section 12 -4 -3 of the Municipal Code. This ordinance will provide clarification for two distinctive types of financial service businesses by creating classifications and definitions for "Financial Institution" and "Financial Institution- Alternative" land uses and eliminating repetitive land use terminology and classifications, which are not currently defined in the Unified Development Code. The Unified Development Code is a permissive zoning code and, as such, only the specific land uses within Title 12 Chapter 4 are allowed. Section 12 -4 -3 -D currently lists `Banks and Financial Institutions;' "Currency Exchange" and "Financial Services" as a permitted use in the Cl General Commercial District and the CR Commercial Residential District, however these land use classifications are not defined in Chapter 17 of the Unified Development Code. The Village has made best efforts to interpret those uses, based on definitions established in neighboring communities, to ensure the intent of this code is upheld based on the desired intent and purposes of the use classifications, but have been challenged by the influx of new types of financial service businesses, which do not fall into the generally accepted definitions of a traditional financial service institution, bank or currency exchange. As such, based on research on area and nation -wide zoning codes, staff determined it is appropriate to update the land use classifications and create definitions to clarify the distinction between traditional full- service banks, credit unions, savings and loans, and mortgage providers, "Financial Institutions," which typically maintain on -going business relationships with their customers, and short-term loan and /or single transaction financial service businesses, "Financial Institutions - Alternative," which include but are not limited to "Payday" and similar consumer loan institutions, currency exchanges, and pawnbrokers. PC #14 -17 was presented to the Plan Commission for public hearing on December 15, 2015. The Plan Commission reviewed and agreed with the text amendment, conceptually, but suggested some changes to the draft language. Staff concurred with the suggested changes. There was no public comment. The Plan Commission voted unanimously to recommend approval of the modified amendment to establish land use classifications and associated definitions for "Financial Institution" and a "Financial Institution - Alternative" use and to allow such uses as permitted uses and special uses, respectively, within the CI Commercial District, The Plan Commission also voted to recommend eliminating duplicative land uses from the commercial use chart in Section 12 -4 -3 of the Unified Development Code. Community and Economic Department N/A N/A These amendments will be implemented by the Comm and Econ Develop in the normal course of business. Approval as presented January 26, 2015, required — Municipal Code Book change Requirements: j N-pne / Submitted by: /d ' Ry r genre, Village Administrator Prepared by: Reviewed by Teresa Hoffman Liston, Corporation Counsel Nancy M. Radzevich, Community and Economic Development Director AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07 -07) TO ESTABLISH COMMERCIAL LAND USE CLASSIFICATIONS (SEC. 12 -4 -3) AND DEFINTIONS (SEC. 12 -17 -1) FOR' °FINANCIAL INSTITUTION" AND `°FINANCIAL INSTITUTION- ALTERNNNATIVE" AND TO ELIMINATE "BANKS AND FINANCIAL INSTITUTIONS," "CURRENCY EXCHANGE" AND "FINANCIAL SERVICES" FROM THE EXISTING COMMERCIAL LAND USE CLASSIFICATIONS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in case number PC14 -17 to consider and recommend the adoption of text amendments to the Village of Morton Grove Unified Development Code, Section 12 -4 -3 and 12- 17-1, to establish land use classifications for Financial Institution and Financial Institution- Alternative, to eliminate duplicative land use classifications of Currency Exchanges, Bank and Financial Institution, and Financial Services and establish definitions for Financial Institution and Financial Institution- Alternative; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morison Grove which publication took place on November 28 , 2014, a public hearing was conducted on December 1 5, 2014, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated January 7, 2015, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A" and WHEREAS, the Unified Development Code currently lists Bank and Financial Institution, Currency Exchanges, and Financial Services as allowed land use classifications in commercial districts, but does not include definitions for such uses; WHEREAS, the Village has made best efforts to interpret those uses, based on definitions established in neighboring communities, to ensure the intent of this code is upheld based on the desired intent and purposes of these use classifications, but have been challenged by the influx of new types of financial service businesses, which do not fall into the generally accepted definitions of a traditional financial service institution, bank or currency exchange; and WHEREAS, the Village has conducted research and determined it is appropriate to update the land use classifications and create definitions to clarify the distinction between traditional full- service banks, credit unions, savings and loans, and mortgage providers, Financial Institutions, which typically maintain on -going business relationships with their customers, and short-tern loan and /or single transaction financial service businesses, Financial Institutions- Alternative, which include but are not limited to "Payday" and similar consumer Ioan institutions, currency exchanges, and pawnbrokers; and WHEREAS, a Financial Institution is the type of financial service business which generally promotes a synergy with neighboring businesses and the community at large and often supports the area residents and /or local commercial property and /or business owners by providing standard banking services as well as loans for property acquisition, business expansions, etc., while a Financial Institution - Alternative is typically a limited financial service business which tends to be a single stop destination and typically do not offer long -term financial and banking programs or services for or to the adjacent businesses or community at large and, as such, a Financial Institution use is a use appropriate allowed as an permitted use throughout the Cl General Commercial District, while a Financial Institution- Alternative use may be appropriate only for specific sites and locations and shall be permitted as a "Special Use" in the Cl General Commercial District per Section 12 -4 -3 -D of the Unified Development Code, and WHEREAS, the existing land use classifications for Bank and Financial Institution, Currency Exchanges, and Financial Services are no longer necessary as they are covered through the new, more comprehensive Financial Institution and Financial Institution- Alternative land uses and therefore can be eliminated from the commercial land use charts; and WHERAS, the Corporate Authorities have concluded the proposed amendment will preserve the intent of the Unified Development Code to allow for the orderly development and add clarity to the zoning code; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good; and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTS', ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: Title 12 entitled Unified Development Code, Chapter 17, entitled Definitions, Section 12 -17 -1 entitled Terms Defined of the Municipal Code is hereby amended establishing Financial Institution and Financial Institution - Alternative with the following: 12 -17 -1: TERMS DEFINED: Financial Institution: A building, propertv or activity where the principal use or purnose is the rendering of financial services, including but not limited to banks facilities for automated teller machines ("ATMs"), credit unions savings and loan institutions and mortgage companies. Financial Institution shall not include Financial Institution - Alternative or any use or other type of institution that is otherwise listed specifically in a zoning district as a permitted or special use. Financial Institution- Alternative• A building property or activity where the principal use or purpose is the rendering of short -term, high - interest personal lending services These institutions include: check cashing establishments (not including incidental check cashing) motor vehicle title lenders, pawnbrokers, payday lenders currenev exchanges and other businesses with similar business models and land use impacts that are not specifically enumerated by the Unified Development Code. Financial Institution - Alternative shall not include any use or other type of institution that is otherwise listed specifically in a zoning district as a permitted or special use or an establishment that provides financial services that are accessory to another principal use. No Financial Institution - Alternative establishment may be located within 1,000 feet propertv line to propertv line of any other Financial Institution - Alternative establishment or within 200 feet property line to property Iine, from a residential district. SECTION 3: Title 12 entitled Unified Development Code, Chapter 4, entitled Zoning Districts, Commercial Districts, Section12 -4 -3 -D entitled Uses of the Municipal Code is hereby amended by modifying this section as follows: D. Uses.` Categories Of Use C -1 C -2 C/R R +tutasns- p- X- P� Surrensy -,.x o- P� p p - Financial sepAGes Institution P X P Financial Institution- Alternative S X X PASSED this 26"' day of January 2015. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this 20 day of January 2015, Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 27`h day of January 2015. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Development rrom, Ronald L. Farkas, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Dominick A. Argumedo, AICP, Zoning Administrator/ Land-Use Planner Ir Date: January 5, 2015 Re: PC14 -17 — Proposed Text Amendment to Title 12, Chapters 4 and 17 of the Village Of Morton Grove Unified Development Code (Ord. 07 -07) to Establish Use Classifications and Definitions for "Financial Institutions" and "Financial Institutions - Alternative" and to Eliminate "Currency Exchange" and "Banks And Financial Institutions" from the Existing Commercial Use Classifications Commission Report Public Hearing Notice The Village provided Public Notice for the December 15, 2014 Plan Commission public hearing for PC 14 -17 in accordance with the Unified Development Code. The Pioneer Press published the public notice on November 28, 2014. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Background and Application Overview The Village's Unified Development Code, Title 12, is a permissive zoning code, and as such, only the land uses classifications specifically listed in Chapter 4 are allowed within each particular zoning district. Title 12, Chapter 17 provides definitions for various land uses. This current application for a text amendment to the Unified Development Code is being provided in order to add clarity to the various financial type business uses that currently exist in the market place. Section 12 -4 -3 -D currently lists "Financial Services" as a permitted use in the Cl General Commercial District and the CR Commercial Residential District. However, "Financial Services" is not currently defined in Chapter 17 of the Unified Development Code. The absence of a definition challenges staff's ability to ensure that the intent of this code is upheld based on the desired intent and purposes of this use classification. This application seeks to establish a definition for "Financial Services," create a separate land use classification and definition for "Alternative Financial Services," such as payday loans, pawnbrokers, etc., and to remove duplicative land use classifications and /or definitions. December 15, 2014 Public Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided an overview of the Plan Commission staff memorandum dated December 8, 2014 (Attachment A). Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Mr. Argumedo noted that in the absence of a specific definition for "Financial Services," staff has been interpreting "Financial Services" in a manner consistent with the definitions utilized by other municipalities, which is to mean traditional FDIC backed institutions such as banks, credit unions, savings and loans, and mortgage providers. Mr. Argumedo noted that staff's interpretation of "Financial Services" aligns with the use being allowed by -right in the C1 General Commercial District and CR Commercial Residential District. These types of financial institutions have a synergy with neighboring businesses as customers often visit their bank or credit union as part of a trip to other adjacent businesses. Further, traditional Financial Service establishments often work with the local commercial property and /or business owners — providing standard commercial banking services as well as loans for property acquisition, business expansions, etc. Mr. Argumedo continued that in order to establish a "Financial Services" land use definition for the Unified Development Code, staff researched surrounding communities and found that many of these communities had similar definitions to cover these types of financial service establishments. Staff used the definitions from Evanston, Des Plaines, and Park Ridge to create the proposed definition for Financial Services: Financial Services A building property or activity where the principal use or purpose is the provision of financial services including but not limited to banks facilities for automated teller machines CA TMs'? credit unions savings and loan institutions and Mortgage companies. Financial Service shall not include Alternative Financial Services or anv use or other type of institution that is otherwise listed soecitca#E in a zonina distnct as a permitted or special use Alternative Financial Services Mr. Argumedo noted that there are other entities that provide short -term, high interest financial transactions such as "Payday" and similar consumer loan institutions, currency exchanges, and pawnbrokers that provide financial transactions but follow a different business model from banks, savings and loans, etc. In order to better differentiate these types of businesses from traditional Financial Services establishments, staff proposed a new and distinctive use classification and definition for "Alternative Financial Services ", Mr. Argumedo stated that in contrast to the synergy traditional banks or credit unions provide to commercial areas, "Payday" or consumer loan institutions, currency exchanges, and pawnbrokers primarily are dedicated destinations and do not typically drive business to other adjacent commercial uses. Mr. Argumedo noted that while neighboring communities have established individual definitions and regulations for uses such as "Payday Loan" or "Pawnbroker ", staff discovered, through a more wide- spread analysis, that communities in other areas and states have begun to establish a more comprehensive definition based on the common business model — which is that these businesses provide short -term, high interest financial transactions. As such, staff proposed a more holistic definition and classification for these uses and to establish Alternative Financial Services. In addition, Staff found that communities that established an Alternative Financial Service land use classification deemed that clustering of such uses could have an adverse impact on commercial areas and potentially act as a disincentive for recruitment of other desired businesses. As such many of these communities include a proximity limitation between these types of businesses such 2 Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution that clustering cannot occur. Further, many of these communities also tend to include a proximity limitation to residential areas. Mr. Argumedo presented the proposed definition for Alternative Financial Services: Alternative Financial Services: A building property or activity where the principal use or Purpose is the provision of short -term high - interest personal lending services These and other businesses with similar business models and land use impacts that are not specifically enumerated by the Unified Development Code Alternative Financial Services shall not include anv use or other type of institution that is otherwise listed Financial Services institution may be located within 1 000 feet property line to prop rty line of anv other Alternative Financial Services establishment or within 200 feet Property line to property line from a residential district Mr. Argumedo also noted that the proposed "Alternative Financial Services" land use classification would be designated a special use in the Cl General Commercial District. The designation of this land use as a special use along with the required space separation requirements would allow the Village to ensure that these uses are sited in such a way and in appropriate locations as to minimize any potential impacts on adjacent businesses or neighborhoods. Financial Services would continue to be a permitted use in commercial areas. Mr. Argumedo advised the Commission that "Currency Exchange" is a current land use classification listed in Section 12 -4 -3 -D as a permitted use in the C1 General Commercial District. If this text amendment is adopted, this separate and distinctive use classification would be eliminated as currency exchanges would fall in the newly created "Alternative Financial Services" use classification and definition. In turn, "Banks and Financial Institutions ", a land use that also exists in the CI District would be eliminated and folded into "Financial Services." Public Hearing —Board Inouiry/Comment Chairman Farkas expressed concern that the term `financial services' was both in the title of "Financial Services" and within the proposed definition. He felt this was a circular definition. Commissioner Shimanski proposed changing the title of the designated land use from "Financial Services" to "Financial Institution," stating this would eliminate the circular nature of the proposed definition. Mr. Farkas concurred and Mr. Argumedo noted that staff had no objection. Mr. Argumedo noted that other surrounding communities use Financial Institution as the designated land use. As the Unified Development Code listed Financial Services as a land use, staff initially sought to provide a definition to that specific use. The change of the land use's title to Financial Institution does not impact the goal of providing a codified definition for traditional banks, credit unions, etc. Commissioner Blonz suggested "Alternative Financial Institution" should be listed as "Financial Institution — Alternative" so that the two land use classifications uses and definitions would be listed alphabetically in the code. Mr. Argumedo agreed with the suggestion and noted that this is 3 Board Report- January 6, 2014 PC #14 -17: Text Amendment/ Financial Institution consistent with how other uses are listed in the Unified Development Code, such as "Daycare" and "Daycare- Adult ". Commissioner Blonz inquired why staff did not propose to allow Financial Institution - Alternative as a special use in the CR Commercial Residential district, as it is proposed only within the Cl General Commercial District. Mr. Argumedo noted that the CR District was created in order to help promote the creation of a downtown commercial area based on its proximity to the Metra station, nearby dense residential and commercial businesses along Lincoln Avenue. The allowed land uses in this area should be limited to those that support the community's vision and a "Financial Institution — Alternative" use is not pedestrian oriented nor a typical "downtown" type of business use. Staff has and continues to work to modify land use classifications within the CR District to support the goal of creating a downtown commercial area. For example, in 2013 office uses were limited to 2n6 floor and above (PC# 13 -08) in order to promote ground floor retail, restaurant and other pedestrian oriented businesses. By restricting a non - pedestrian oriented business such as Financial Institution - Alternative from being in the CR District, Staff continues to work toward the vision of promoting pedestrian oriented businesses in the CR District. Commission Blonz inquired why the proposed "Financial Institution - Alternative" definition put a distance requirement of 1,000 feet for two such institutions to be near each other. Mr. Argumedo responded that in exploring other definitions for Financial Institution - Alternative, most communities included a separation limitation as a mean to buffer commercial areas from poor perception and aesthetics. The presence of two "Financial Institution - Alternative" entities next to each other does not present an image of a thriving business area. In addition, as these entities are primarily single transaction destinations, clustering them together would create a business area that does not provide synergies to incentivize other pedestrian oriented businesses from locating in that area. Commissioner Shimanski asked how long is 1,000 feet in practical terms. Commissioner Blonz noted that as a block is 660 feet long and this regulation would work out to about a block and a half between such businesses. Commissioner Blonz questioned why the proposal would limit "Financial Institution - Alternative" to 200 feet away from residential districts. Mr. Argumedo replied that such a regulation assists with the perception issues associated with "Financial institution — Alternative" as the presence of these types of businesses often conveys a negative image as to the health of a business area. Also, as these businesses are primarily single destination transactions, these are not the types of businesses that would fit into neighborhood commercial areas. Chairperson Farkas inquired about the use of the phrase `high interest' in the "Financial Institution - Alternative" definition — specifically he asked if that should be further defined or even removed? Commissioner Shimanski stated the term high interest' is a generally accepted industry standard term. Mr. Argumedo noted that other communities have tried to set an explicit interest rate to differentiate the two types of institutions only to see "Financial Institution - Alternative" type businesses slightly alter their rate in order to try to be eligible for the more permissive use. Use of this term for these types of businesses is common as it allows the Village another level of scrutiny in the review of the differences between these use classifications. Commissioner Shimanski reiterated that the phrase was generally industry accepted and advocated the phrase to remain. Commissioner Blonz questioned why these uses are being permitted with limitations why not just ban them outright? Mr. Argumedo stated that there may be a scenario where such an institution Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution may be warranted under proper scrutiny. As an example there may be a commercial site, which has been vacant for many years and is located away from residential areas and not near pedestrian oriented businesses. The definition with its limits on location, both proximity to other "Financial Institution- Alternatives" and residential areas, and requiring approval through the special use process protects the Village from such an entity being approved that is counter to the vision for a particular commercial area. Listing "Financial Institution- Alternative" as an allowed special use in the CI General Commercial area both protects and provides flexibility in the Village's development. Commissioner Khan asked why the proposed "Financial Institution" definition did not have a distance requirement between entities. Mr. Argumedo noted that the nature of Financial Institution type businesses tend to promote synergy with other neighboring businesses as customers stop at a Financial Institution and may then use other neighboring businesses. In addition, banks often assist other neighboring businesses. Chairperson Farkas asked that the word `provision' be replaced with `rendering' to increase the clarity of the definitions. Mr. Argumedo was amenable to such an adjustment in each proposed definition. Chairperson Farkas asked for clarification that "Banks and Financial Institutions" would be eliminated. Mr. Argumedo confirmed that staff would eliminate the duplicative land uses. Public Hearina— Public Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Public Hearing —Board Discussion and Vote Chairperson Farkas asked for a motion to approve Case PC14 -17, Commissioner Shimanski made a motion to amendment, PC #14 -17, Sections 12 -17 -I and follows: recommend approval of the proposed text 12 -4 -3 -D of the Unified Development Code as I. To change the proposed "Financial Services" classification to "Financial Institution," which will be defined in Section 12 -17 -1 as: 2. To establish "Financial Institution - Alternative" as a land use classification, which will be defined in Section 12 -17 -1 as: Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Le—'769r5 PaWflbrOkefyr Pavdav fenders currency exchanges and other businesses with similar business models and land use im acts that are not S2ecfficafiv enumerated by the Unified pevefopment Code Financial Institution Alternative shall not include any use or other tvpe of institution that is otherwise listed specifically in a zoning district as a Permitted or Weciaf use or an es�abfishment that provides financial services that are accessory to another Principal use No Financial rnstitution Alternative establishment may be located within 1,000 feet proPeety fine to Propeoiv fine, of any other Financial Institution Alternative establishment or within 200 feet Property fine CO Property Arm from a residential district To allow "Financial Institution - Alternative" as a Special Use in the Cl General Commercial District, Section 124-3 -D; and 4. To eliminate "Currency Exchange" and "Bank and Financial Institution" from the C1 General Land Use table, Section 12- 4 -3 -D. Motion was seconded by Commissioner Blonz. The amendment was recommended for approval by a unanimous vote. (7 -0) 6 Board Report- January 6, 2014 PC #14 -17; Text Amendment /Financial Institution PC 14 -17 PROPOSED TEXT AMENDMENT LANGUAGE (AMENDED, PER PLAN COMMISSION RECOMMENDATION) (New Text shown in bold /underlined format; any deleted text shown as format) 12 -17 -1: TERMS DEFINED: Financial Institution: A building property or activity wbere the principal use or purpose is the rendering of financial services, including but not limited to banks facilities for automated teller machines ("ATMs") credit unions savings and loan institutions and mortgage companies. Financial Institution shall not include Financial Institution Alternative or any use or other tvoe of institution that is otherwise listed specifically in a zoning district as a kinancial Institution - Alternative: A building, property or activity where the principal use or up rpose is the rendering of short -term high - interest personal lending services These institutions include: check cashing establishments (not including incidental check cashing) motor vehicle title lenders, pawnbrokers payday lenders currenes exehanges and other businesses with similar business models and land use impacts that are not s ecificaliv enumerated by the Unified Development Code Financial Institution Alternative shall not include anv use or otber type of institution that is otherwise listed specifically in a zoning district as a permitted or special use or an establishment that provides financial services that are accessory to another nrineinal use. No Financial Institution - Alternative establishment may be located within 1,000 feet property line to property Line of any other Financial Institution- AIternative establishment or within 200 feet ro erLT line to propertV line from residential district Section 12 -4 -3 -D - PROPOSED NEW USE CLASSIFICATIONS (PC #14 -17) Categories Of Use C- C- C/R 1 2 Accessory uses —P' P, P, Amusement establishment (bowling, game room, etc.) S _.. --- --l' ------ _ __.. X X - __.__._._. Animal hospitals P X X Antique shops P` X P Apparel shops (including tailors and dressmakers) P p P Appliance sales and service -- _.._.. _- _.._.... P X X -- -- ---- Art and educational supply stores {P P P Art galleries P P P 7 Board Report - January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Assisted living facilities S S S Audiovisual equipment, accessories and supply P X x Automobile minimart station S3 S3 X Automobile parking lots within 300 feet of the use served P P P Automobile service station S3 S3 S� Automobile, truck or trailer rental S X X Automotive accessory stores - retail (installation allowed) S X X Automotive accessory stores - retail (no service or installation) P X X Automotive repair (oil change tires, brakes, auto glass, other mechanical S S X items only) 15 -AX, PC #14 -17) .... €? X P-- Barbershops P P p Beauty y parlors P P P Bicycle sales and repair P P p Blueprint establishment P X X Book, magazine and newspaper stores P P P — -- Bridal shops P S Building material sales (no outside storage) P S S Camera and photographic supplies P P P Car wash S X x, Card and gift store P P P Catering - including accessory uses such as shared rental kitchen and P X S retail sale of food products Catering (not in conjunction with other food sales or service) P x S China and glassware shops Clothing rental P X P Clubs and lodges S S Sh Coin and stamp collecting store P X P Commercial services P P S 8 Board Report- January 6, 2014 PC #14 -17: Text Amendment/Financial Institution Commercial wireless communication services, as a principal use SL S2 Sz Community residence - family (minimum spacing distance less than 330 S3 S3 S3 feet) Community residence - family (minimum spacing distance - 330 feet) P3 P3 P3 Community residence - group (minimum spacing distance - 330 feet) S3 S3 S3 Convenience store P P P — — - - .. -- - -- ._..-- -- -- Costume rental ___ - -__ P X P OUFFenGy exehange -(ORD. 15 -", PC #14 -17) P P— P_ Daycare _ ',S S S Daycare, adult S S S Department store P X X Domestic pet service (grooming) P X P Drapery , curtain and window covering stores P X - P Drive- through facilities S3 S3 S3 Drive -thru facilities located within a shopping center that meets the criteria P3 S3 ! S3 set forth in Section 12- 5 -58 -3. Drugstores (pharmacies) ` P P P Dry cleaning establishment of 5,000 square feet or less, consisting of on P X X site cleaning and /or laundering limited to articles dropped off at the same location Dry cleaning - retail - P P P Dwellings:-- - Attached dwellings S3 S3 P or S3 Multiple - family dwellings S3 S3 P or S3 Senior citizen housing S3 S3 S3 Electrical and telephone substations S S S Electrical fixtures P X S Electronic media sales and rental (videotapes, cassettes, CDs, CD -ROM P P P — DVDs, etc.) 4 Board Report- January 6, 2014 PC #14 -17: Text Amendment /Financial Institution Electronics, sales and service P X S Employment agencies P X X Entertainment ticket office P X P Entertainment venue - principal use (live music, vocal entertainment, S X S etc.) Fabric and sewing accessories P P P Financial sePAGes institution (ORD. 15 -XX, PC #14 -17) p X P Financial institution - Alternative (ORD. 15 -XX, PC #14 -17) S X X 10